labor lawAdivision of labor law center

On September 1, 2008, the minimum wage for New Hampshire employers will increase the second time in a matter of weeks. On July 23, 2008 the state minimum wage was $6.50 per hour. The federal minimum wage increase on July 24 meant that most New Hampshire employers had to pay $6.55 per hour.

 

The New Hampshire minimum wage will increase again on September 1, when the state rate goes up to $7.25 per hour. That’s an increase of 70 cents, and the final increase for the present.

 

Under the New Hampshire statute RSA 279, the state minimum wage increases if the federal minimum wage is higher.

 

Under state law, any employee who receives tips in occupations in a restaurant, motel, inn or cabin must be paid at least 45% of the state minimum wage by the employer. The remaining 55% of the minimum wage can be in the form of tips paid directly to the worker by customers.

 

Effective July 24, the tipped wage went to $2.95 per hour. On September 1, 2008 it increases again to $3.27 per hour. Under this arrangement, tipped employees must average at least $3.98 per hour in tips. If the employee earns less, the difference between the tipped wage and the minimum wage must be paid by the employer, as wages. This law applies to tipped employees of all ages.

 

New Hampshire employees cannot be required to participate in any tip pooling or tip sharing plan. The tipped wage applies to employees who earn more than $30 per month in tips directly from the customer.

 

According to the New Hampshire Department of Labor, most employees are entitled to overtime at 1.5 times their usual hourly rate, when working more than 40 hours per payroll week. However, there are several exceptions to this rule under state law. Employees of seasonal, recreational or amusement establishments are exempt from the overtime law if they operate 7 months of the year or less. Seasonal employers in these categories may also be exempt if they operate for more than 7 months, but their average receipts for each of the 6 “off-season” months do not exceed 33 1/3% of the monthly revenue during the “busy” season.

 

On July 24, 2009 the federal minimum wage is slated to increase again. That 70 cent increase will take the federal rate from $6.55 per hour to $7.25 per hour. The change will no affect New Hampshire employers, however, because the state minimum wage will have been at that rate for 10 months.

 

Many employees are covered under both federal and New Hampshire laws, including the minimum wage laws. Anytime both federal and state laws apply, the employee is entitled to coverage  under  whichever law provides the greater benefit. In this case, it is the state minimum wage law. That means that effectively, virtually all New Hampshire employees are covered.

 

However, there are a few exceptions to the New Hampshire minimum wage law. Employees engaged in domestic labor including private housekeepers are exempt from the state minimum wage law. So are farm laborers, and outside sales reps. Employers who operate summer camps for minors are not required to pay the state minimum wage. Newspaper carriers, golf caddies and most ski patrol members are also exempt from the state minimum wage. Some of these employees may be covered under the federal minimum wage, if the employer engages in commerce across state lines, or have revenue of more than $500,000 per year.

 

 

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1. Posted by: MARK WILLIAMS

   I work as a pizza delivery driver, am I entitled to the minimum wage increase in New Hampshire?

2. Posted by: Jolie

   Hi Mark! For a full answer to your question, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blogs!~ Jolie