In New Hampshire, overtime is owed only when you work more than 40 hours in a single workweek, and it must be paid at one and one-half times your regular rate for those extra hours. New Hampshire does not require daily overtime: there is no state rule that pays a premium just because you worked more than 8 (or 10, or 12) hours in one day. A 12-hour shift triggers no overtime by itself, but if your total for the week passes 40, every hour beyond 40 is paid at time-and-a-half. New Hampshire's overtime statute (RSA 279:21) is built directly on the federal Fair Labor Standards Act (FLSA), so the weekly-40 threshold and the 1.5x rate are essentially the same as the federal baseline.
How Overtime Works in New Hampshire
New Hampshire's wage and hour law expressly incorporates the federal overtime standard. Under RSA 279:21, covered employees must receive at least one and one-half times their regular hourly rate for hours worked over 40 in a workweek. This mirrors the FLSA, which has set the same weekly-40 rule and 1.5x premium nationwide for decades.
Two points trip people up:
The workweek, not the day, is what counts. Overtime is measured over a fixed, recurring seven-day period your employer designates. Working four 10-hour days (40 hours) generates no overtime even though several shifts ran long, because daily hours do not matter in New Hampshire.
Your "regular rate" can be more than your base wage. Nondiscretionary bonuses, shift differentials, and commissions generally must be folded into the regular rate before the 1.5x multiplier is applied. That means your overtime rate may be higher than simply 1.5 times your stated hourly wage.
For comparison, a handful of states (such as California and Alaska) require daily overtime after 8 hours. New Hampshire is not one of them. If a recruiter or employer tells you New Hampshire pays daily overtime, that is incorrect under current state law.
The Overtime Rate and Minimum Wage
The overtime rate is 1.5 times your regular rate of pay. Because overtime is calculated off your actual regular rate, a higher hourly wage produces a higher overtime rate.
New Hampshire does not set its own minimum wage above the federal floor. As of 2026, New Hampshire's minimum wage tracks the federal FLSA minimum of $7.25 per hour, because the state repealed its separate state minimum-wage figure and defers to the federal rate. Tipped employees have a lower cash wage with a tip credit, subject to the rule that tips plus cash wage must reach the full minimum. Minimum-wage and tip-credit rules can change, so confirm the current figures with the New Hampshire Department of Labor before relying on them.
Who Is Exempt From Overtime in New Hampshire
Because New Hampshire follows the FLSA framework, the same broad categories of exempt workers apply. You are generally not entitled to overtime if you fall into a bona fide exemption, the most common being:
Executive, administrative, and professional ("white collar") employees who are paid on a salary basis above the federal salary threshold and whose actual job duties meet the legal tests. A job title alone never makes you exempt; the duties and salary basis must both qualify.
Outside sales employees.
Certain computer professionals.
Specific occupations carved out by statute, which can include some agricultural workers, certain transportation employees covered by other federal rules, seasonal and recreational establishment workers, and household/domestic categories.
Misclassification is one of the biggest sources of unpaid overtime. Being paid a salary, being called a "manager," or being labeled an "independent contractor" does not automatically remove your overtime rights. If a salaried worker primarily performs routine, non-managerial tasks, that worker may still be owed overtime despite the salary.
How to Recover Unpaid Overtime
If you believe you were not paid the overtime you earned, you have more than one path in New Hampshire:
File a wage claim with the New Hampshire Department of Labor (NH DOL). The agency's Wage and Hour Division accepts and investigates claims for unpaid wages and overtime under RSA chapter 275 and RSA 279. This is an administrative process and does not require a lawyer.
Pursue a federal FLSA claim. Because the federal overtime law also covers most New Hampshire employees, you can bring an FLSA action. The FLSA allows recovery of back wages plus, in many cases, an equal amount in liquidated (double) damages, along with attorney's fees for prevailing employees.
File a state court suit for unpaid wages, which can also carry additional damages and fees under New Hampshire's wage-payment statutes.
Watch the deadlines. The FLSA generally requires you to file within two years of the violation, extended to three years if the employer's violation was willful. New Hampshire's own wage-claim rules have their own time limits, and back pay typically only reaches a limited number of years before the claim. Because each unpaid paycheck can be its own violation, waiting reduces what you can collect, so act promptly.
Protect Yourself First
Keep your own records: the hours you actually work, your pay rate, bonuses, and copies of pay stubs. Employers are required to maintain accurate time and pay records, but having your own contemporaneous notes is powerful evidence if those records are missing or wrong. It is also illegal for an employer to fire, demote, or otherwise retaliate against you for asserting your wage and overtime rights or for filing a claim.
Where to Verify
For the current, official rules, consult the New Hampshire Department of Labor (NH DOL), which administers the state's wage and overtime laws (RSA 275 and RSA 279), and the U.S. Department of Labor Wage and Hour Division for the federal FLSA. Statutory text is available in the New Hampshire Revised Statutes Annotated. Because thresholds and minimum-wage figures are periodically updated, verify any specific number with these official sources before you rely on it, and consider speaking with a New Hampshire employment attorney about your particular situation.
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.
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.
Frequently asked questions
Does New Hampshire require daily overtime after 8 hours?
No. New Hampshire has no daily overtime requirement. Overtime is owed only when you work more than 40 hours in a single workweek, regardless of how long any individual shift is. A 12-hour day alone does not trigger overtime in New Hampshire.
What is the overtime rate in New Hampshire?
One and one-half times your regular rate of pay for all hours worked over 40 in a workweek, under RSA 279:21. Your regular rate may include nondiscretionary bonuses, commissions, and shift differentials, which can make your overtime rate higher than 1.5 times your base wage.
Can my employer make me salaried to avoid paying overtime?
Not by itself. A salary only removes overtime rights if you also meet a recognized exemption, such as the executive, administrative, or professional tests, which depend on your actual job duties and a qualifying salary level. Misclassified salaried workers may still be owed overtime.
How long do I have to file an unpaid overtime claim in New Hampshire?
Under the federal FLSA the limit is generally two years, or three years for a willful violation. New Hampshire's wage-claim process has its own deadlines. Because each underpaid paycheck can count separately, file as soon as possible to preserve the most back pay.
Who enforces overtime law in New Hampshire?
The New Hampshire Department of Labor (NH DOL) Wage and Hour Division handles state wage and overtime claims under RSA 275 and RSA 279. You can also pursue a federal claim through the U.S. Department of Labor Wage and Hour Division or file suit in court.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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