New Hampshire Statewide Rule
New Hampshire Minimum Wage Tied to Federal Floor
Key Facts
- Limit
- Minimum wage equals federal FLSA rate of $7.25
- Authority
- RSA 279:21 governs the state floor
- Prohibition
- No municipal minimum wage authority
- Limit
- Tipped wage is 45 percent of state minimum
- Authority
- Penalties under RSA 279:28 apply for underpayment
Summary
RSA 279:21 sets the minimum wage by reference to federal law, currently $7.25, and effectively bars cities or towns from imposing higher local minimums.
Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended. Tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage.
Full Breakdown
New Hampshire's minimum wage statute, RSA 279:21, ties the state's wage floor to the federal Fair Labor Standards Act minimum, which is $7.25 per hour. The legislature has not adopted a state-specific higher rate. Local governments lack authority to set their own minimum wage because employment standards are uniformly governed by RSA 275 and RSA 279, leaving no enabling statute for municipal wage ordinances. Tipped employees may be paid 45 percent of the minimum hourly wage if tips bring total compensation to the minimum.
Violations & Penalties
Employers paying below the statutory minimum face civil penalties, back wages, and possible criminal misdemeanor charges under RSA 279:28.
Frequently Asked Questions
What is New Hampshire's minimum wage?
Can a New Hampshire city raise its local minimum wage?
Sources
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