Employers in New Hampshire should be aware of two recent changes to New Hampshire wage and hour law:

  • Effective July 11, 2017, New Hampshire amended RSA 275:43 to permit payment of wages on a bi-weekly basis. Historically, employers in New Hampshire were required to pay wages weekly, unless the employer obtained a waiver from the New Hampshire Department of Labor. This amended statute removes the requirement of obtaining prior permission from the agency.
  • Effective September 3, 2017, New Hampshire amended RSA 279:26-b relative to tip pooling. The amended statute clarifies that participants in a tip pool may voluntarily and without coercion, agree to provide a portion of the common pool to other employees, regardless of job category, who participated in providing service to customers. Even with this clarification, employers cannot require employees to participate in a tip-pooling or tip-sharing arrangement. In addition, the clarification does not impact an employer’s obligations with respect to tipped employees under the Fair Labor Standards Act.