New Hampshire Mandatory Overtime Laws
Posted by Tamara
The New Hampshire overtime laws were designed to fill the gap between the federal law, and people who are not subject to the state minimum wage. For that reason, the overtime provisions of the state minimum wage law do not apply to anyone covered by the federal FLSA (Fair Labor Standards Act). The state overtime laws also don’t apply to occupations such as occasional babysitters or newspaper carriers, who are not covered under the state minimum wage act.
Under the New Hampshire mandatory overtime laws, an employer may legally require an employee to work overtime. If an employee refuses, the employer may legally discipline or even fire them. An employer may require an employee to work 16 or more hours, 7 days per week. While most HR professionals agree that this is poor business practice, it is legal in New Hampshire and most other states. An employer may legally require employees to work on Saturdays, Sundays and holidays, even if the employee is normally off on those days. However, the employer does have to pay overtime in most cases where any employee works more than 40 hours per week.
The overtime rate in New Hampshire, as in virtually all states, is 1.5 times the employee’s usual hourly rate for every hour worked in excess of 40 hours in a single work week. The New Hampshire overtime law makes an exception for seasonal employees. If an employee earns more than 66% of their income in a six-month period. Employers who operate amusement, seasonal or recreational businesses that are open no more than 7 months of the year, are also exempt from paying overtime to their employees.
A number of jobs are exempt from overtime under the federal FLSA law. These include executives with the ability to hire and fire at least 3 employees; some highly trained professionals such as doctors, accountants, optometrists and architects; commissioned salespeople including retail auto sales people; and workers in certain industries including entertainment, transportation and agriculture. Highly paid IT workers are also exempt from overtime payments.
Last 10 posts by Tamara
- Louisiana Employee Privacy Act - April 20th, 2011
- FMLA 101 – Mississippi Maternity Leave - April 19th, 2011
- Florida Overtime Update - April 18th, 2011
- Delaware Paid Holidays - April 15th, 2011
- North Carolina Employee Privacy Act - April 14th, 2011
- Wisconsin NLRA Poster Requirement - April 13th, 2011
- Ohio Maternity Leave - April 12th, 2011
- Georgia Overtime Update - April 11th, 2011
- Oklahoma Paid Holidays - April 8th, 2011
- Maryland Overtime Per Diem Update - April 7th, 2011