New Hampshire . Wage & Hour . Updated April 2026

New Hampshire's Overtime Rule:
Standard 1.5x Pay with a Seasonal Exemption

New Hampshire's overtime law largely mirrors the federal Fair Labor Standards Act (FLSA), requiring 1.5 times the regular rate of pay for hours worked over 40 in a workweek. However, a significant distinction exists for seasonal or recreational establishments, reflecting the state's tourism-driven economy. This exemption applies to businesses operating seasonally or meeting specific revenue disparity criteria.

Overtime Rate
1.5x regular pay
Threshold
40 hours/week
Key Exemption
Seasonal/Recreational
Active

NH Overtime
+ Seasonal Exemption

Ensures proper overtime calculation and applies seasonal exemptions where applicable.

1.5x after 40 hours
Seasonal exemption
Always running

What those rules do as a New Hampshire shift is created.

Teambridge automatically applies New Hampshire's overtime regulations to every shift worked by employees, ensuring compliance with both standard and seasonal rules. Our system dynamically identifies eligible hours and calculates the correct premium pay.

Standard Overtime Calculation

For non-exempt employees, any hours exceeding 40 in a workweek are automatically flagged and paid at 1.5 times their regular rate, as per RSA 279:21, I.

Seasonal Exemption Application

If an establishment is designated as seasonal or recreational (operating 7 months or less per year, or meeting the 33 1/3% receipts disparity), employees are exempt from state overtime provisions.

Accurate Pay Stub Details

Overtime hours and corresponding premium pay are clearly itemized on pay stubs, providing transparency and aiding in record-keeping for both employers and employees.

Compliance, on autopilot.

Teambridge manages the dynamic complexity of wage and hour laws, so you don't have to. Enter your email to see how.

The rule, plainly stated

New Hampshire's overtime rule mirrors federal law, with a key seasonal distinction.

New Hampshire law requires employers to pay employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek, unless an exemption applies. This aligns directly with the federal FLSA standard. The most notable state-specific exemption pertains to seasonal and recreational establishments.

RSA 279:21, I. Overtime Pay: "No employer shall employ any employee for a workweek longer than 40 hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than 1 1/2 times the regular rate at which he is employed."

Standard Overtime Requirements

For most non-exempt employees in New Hampshire, the overtime rule is straightforward: any work performed beyond 40 hours in a defined workweek must be compensated at one and a half times the employee's regular hourly rate. This calculation includes all remuneration for employment paid to, or on behalf of, the employee, excluding specific statutory exceptions.

Employers must accurately track all hours worked, including fractional hours, to ensure correct overtime computation. Failure to do so can result in significant penalties for wage violations.

Seasonal and Recreational Establishment Exemption

New Hampshire law provides a specific exemption from overtime requirements for employees of certain seasonal or recreational establishments. This exemption is crucial given the state's significant tourism industry, which includes ski resorts, summer camps, and lake region businesses. An establishment qualifies for this exemption if:

  • It operates for 7 months or less in a calendar year; OR
  • Its average receipts for any 6 months of the preceding calendar year were not more than 33 1/3 percent of its average receipts for the other 6 months of that year.

This exemption means that employees working for qualifying seasonal or recreational businesses are not entitled to state-mandated overtime pay, even if they work more than 40 hours in a week. Employers must carefully assess if their business meets these specific criteria to lawfully apply the exemption.

On autopilot

How Teambridge handles New Hampshire overtime and seasonal exemptions.

Teambridge's compliance engine is pre-configured with New Hampshire's overtime rules, including the nuanced seasonal exemption. This ensures that every shift is evaluated correctly, providing accurate payroll and reducing compliance risk without manual intervention.

01 . Shift Capture

Real-time Hour Tracking

As employees clock in and out, Teambridge precisely tracks all hours worked within a defined workweek, capturing even partial hours for exact calculations.

02 . Overtime Trigger

Automated 40-Hour Threshold

Once an employee's total hours for the workweek exceed 40, Teambridge automatically flags these hours for overtime pay at 1.5 times their regular rate.

03 . Exemption Check

Seasonal Establishment Verification

For businesses designated as seasonal or recreational within Teambridge (based on your input), the system automatically applies the state overtime exemption, preventing unnecessary premium pay for qualifying employees.

04 . Payroll Integration

Seamless Pay Stub Generation

Calculated regular and overtime hours, along with any applied exemptions, are seamlessly integrated into payroll, ensuring accurate and compliant pay stubs.

Back to all New Hampshire rules
FAQ

People also ask.

Does New Hampshire have its own overtime law?
Yes, New Hampshire has its own overtime law, RSA 279:21, I, which generally mirrors the federal FLSA by requiring 1.5 times the regular rate of pay for hours worked over 40 in a workweek. However, it includes specific state-level exemptions, notably for seasonal and recreational establishments.
What is the seasonal/recreational exemption for overtime in New Hampshire?
The seasonal/recreational exemption applies to establishments that operate for 7 months or less in any calendar year, or whose average receipts for any 6 months of the preceding calendar year were not more than 33 1/3 percent of its average receipts for the other 6 months. Employees of such qualifying businesses are exempt from state overtime requirements.
How do I determine if my business qualifies as a seasonal establishment?
To qualify as a seasonal establishment for overtime exemption purposes in New Hampshire, your business must either operate for no more than 7 months in a calendar year, or demonstrate a significant disparity in receipts, where the average receipts for any 6 months are no more than 33 1/3% of the average receipts for the other 6 months of the preceding year. Employers should review their operational history and financial records carefully.
Are there any other overtime exemptions in New Hampshire?
New Hampshire's overtime law incorporates many of the exemptions found in the federal FLSA, such as those for executive, administrative, and professional employees (the "white-collar" exemptions), as well as certain sales employees and agricultural workers. The seasonal/recreational exemption is a notable state-specific addition.
Does the seasonal exemption apply to federal overtime?
No, the seasonal/recreational exemption under New Hampshire law (RSA 279:21, I) only applies to the state's overtime requirements. Employees of such establishments may still be subject to federal overtime rules under the FLSA if their employer is covered by federal law and no federal exemption applies. Businesses must comply with the more protective law (state or federal).
What is the penalty for not paying overtime in New Hampshire?
Employers who fail to pay required overtime in New Hampshire can face penalties including payment of unpaid wages, liquidated damages (often double the unpaid amount), and attorney's fees. The Department of Labor can also impose administrative fines.