New Hampshire Minimum Wage: Rate, Tipped Wage, and Local Rules

As of 2026, New Hampshire does not set its own dollar-figure minimum wage above the federal floor. Under state law (RSA 279:21), New Hampshire's minimum wage is tied to the federal rate set by the Fair Labor Standards Act (FLSA), which has been $7.25 per hour since 2009. In practical terms, that means most non-tipped employees in New Hampshire must be paid at least $7.25 an hour. New Hampshire repealed its separate higher state rate years ago and now defers to the federal baseline, so unlike neighboring states such as Massachusetts, Maine, and Vermont, New Hampshire has no scheduled increases and no inflation indexing built into its minimum wage. Because the federal figure can change if Congress acts, you should always confirm the current rate with the New Hampshire Department of Labor before relying on it.

How New Hampshire's minimum wage works

New Hampshire is one of a handful of states whose statute expressly adopts the federal minimum wage rather than setting an independent state number. RSA 279:21 provides that the state minimum hourly rate is the same as the federal minimum wage. As long as the FLSA minimum remains $7.25, that is also New Hampshire's effective minimum for covered employees.

This arrangement has two consequences worth understanding. First, when the federal rate rises, New Hampshire's rate rises with it automatically. Second, when the federal rate stays frozen, as it has since July 2009, New Hampshire's rate stays frozen too. There is no automatic cost-of-living adjustment, and there is no calendar of step increases the way several other New England states have adopted. Any future increase would require either an act of Congress or new legislation in Concord.

The tipped cash wage and tip credit

New Hampshire allows employers of tipped workers to pay a lower direct cash wage and count tips toward the minimum, a practice known as taking a tip credit. Under RSA 279:21, a tipped employee must be paid a base cash wage of at least 45 percent of the applicable minimum wage. With the minimum at $7.25, that works out to roughly $3.26 to $3.27 per hour in direct wages.

A "tipped employee" under New Hampshire law is generally someone who customarily and regularly receives more than $30 per month in tips. The key protection is that tips plus the cash wage must together equal at least the full minimum wage for every hour worked. If a worker's tips fall short in a given pay period, the employer must make up the difference so the employee still earns at least $7.25 an hour. The tip credit cannot be used to push a worker's effective pay below the minimum.

New Hampshire also has specific rules about tip ownership and tip pooling. Tips are the property of the employee, and employers generally may not retain employee tips. Valid tip-sharing arrangements among employees who customarily receive tips are permitted, but managers and supervisors generally may not take a share of a tip pool. If you are uncertain whether your tip pool is lawful, the New Hampshire Department of Labor is the agency that interprets and enforces these provisions.

Federal baseline and how New Hampshire compares

The FLSA sets a national floor of $7.25 per hour and a federal tipped cash wage of $2.13 per hour, provided tips bring the worker up to $7.25. New Hampshire's minimum matches the federal $7.25 floor exactly, but its tipped cash wage is more generous than the federal one: 45 percent of $7.25 (about $3.26) is higher than the federal $2.13. So tipped workers in New Hampshire are entitled to a somewhat higher guaranteed cash wage than the federal minimum requires.

For overtime, New Hampshire follows the federal standard: covered, non-exempt employees must receive one and one-half times their regular rate for hours worked beyond 40 in a workweek. New Hampshire does not impose daily overtime. When both federal and state rules apply, the rule more favorable to the employee controls; here the two largely align at $7.25 and weekly-40 overtime.

City and county minimum wages

New Hampshire does not have local minimum wage ordinances. No city or county in the state sets its own higher minimum wage, so the statewide rate applies uniformly from Manchester and Nashua to the smallest towns. Workers and employers do not need to track a patchwork of local rates the way they might in some other states. The single statewide figure, tied to the federal minimum, governs everywhere in New Hampshire.

Exceptions and special categories

Some workers are exempt from minimum wage requirements or are covered by special rules. These commonly include certain agricultural and domestic workers, outside salespeople, some seasonal and recreational employees, and bona fide executive, administrative, and professional employees who meet salary and duties tests. New Hampshire also has provisions for youth and training situations and for individuals whose earning capacity is impaired, which may allow specially authorized subminimum rates in narrow circumstances. Because these categories are technical and fact-specific, confirm your status with the Department of Labor rather than assuming an exemption applies.

How to enforce your rights

If you believe you were paid less than the minimum wage, less than the required tipped cash wage, or denied a make-up payment when your tips fell short, you can file a wage claim with the New Hampshire Department of Labor. The Department investigates unpaid-wage complaints, can order employers to pay wages owed, and enforces the state's wage statutes (RSA 275 and RSA 279). Keep your own records: pay stubs, schedules, tip records, and hours worked. These documents make it far easier to show what you were actually paid versus what you were owed.

You may also have rights under the federal FLSA, enforced by the U.S. Department of Labor's Wage and Hour Division. In some cases, pursuing a claim under both state and federal law is possible. Because there are deadlines for bringing wage claims, do not wait long after the underpayment occurs.

Where to confirm the current rate

Because the minimum wage is tied to a federal figure that Congress can change, always verify the current rate before making pay decisions or filing a claim. The official source for New Hampshire is the New Hampshire Department of Labor, which publishes the current minimum wage, the tipped cash wage, and guidance on tip credits and exemptions. For the federal rate and overtime rules, the U.S. Department of Labor's Wage and Hour Division is the authoritative source. When state and federal numbers differ, the figure more favorable to the worker generally applies.

Official New Hampshire Sources

This page is based on New Hampshire employment law. Rules and figures change — verify the current details directly with the official New Hampshire sources below. This is general legal information, not legal advice.

• State of New Hampshire Department of Labor — official New Hampshire agency.
• File an Online Wage Claim (NH Department of Labor)
• New Hampshire RSA Chapter 275 - Protective Legislation (Labor)

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside New Hampshire state law.