Payment of Wages: New Hampshire

Federal law and guidance on this subject should be reviewed together with this section.

Author: Vicki M. Lambert, The Payroll Advisor

Summary

• The term wages is specifically defined in the New Hampshire wage payment law. See Definition of Wages.
• New Hampshire employers must pay employees' wages in cash, or by checks that are negotiable in full at a financial institution convenient to the place of employment where suitable arrangements have been made for check cashing. Direct deposit and electronic paycards may also be used to pay employees if certain requirements are met. Penalties are imposed for violations. See Wage Payment Methods.
• Employees may be paid wages on a biweekly basis, at regular intervals not exceeding 14 days, in addition to weekly. If an employer is a school district, the Commissioner may permit payment of wages less frequently than biweekly under certain collective bargaining agreements. The timing of paydays (i.e., lag time) depends on the pay frequency. Penalties are imposed for violations. See Pay Frequency.
• New Hampshire employers may not withhold or divert any portion of an employee's wages unless certain conditions are met. Employers are subject to penalties for failure to comply. See Permitted and Prohibited Wage Deductions.
• All employers must provide employees with a statement of pay deductions each pay period. Employees must acknowledge their receipt of certain pay-related information. See Pay Statement Requirements.
• Employees who quit or resign must be paid all wages owed by the next regular payday, or within 72 of quit if sufficient notice was provided. Discharged employees must be paid all wages owed in full within 72 hours of discharge. Different rules apply to suspensions due to labor disputes and to layoffs. See Final Pay.
• Wages owed to a deceased employee may be paid up to statutory limits, and according to certain procedures, for an employer to be released of its debt to the deceased or their estate. See Deceased Employee Wages.
• Wages that are unclaimed for one year are presumed abandoned. Employers must review their records annually to determine whether they are in possession of abandoned wages. If they are holding abandoned wages, they must notify affected employees within a certain time period, and report and remit the amounts to the state if employees do not claim them. See Unclaimed Wages.