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New Hampshire Overtime Pay Law

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Employers in New Hampshire must conform with these state rules regarding overtime pay for employees.

In New Hampshire, employees must be paid at the rate of time and a half for all time worked in excess of 40 hours per week.

Exemptions From the General Overtime Provision

Exceptions exist for:

  • employees who are covered by the federal Fair Labor Standards Act (FLSA); and
  • amusement, seasonal and recreational establishments that do not operate more than seven months out of each calendar year or that earn a substantial amount of their income (66 percent) in a six-month period.

Special rules for nurses. Special rules regarding overtime provisions apply to registered nurses, licensed practical nurses, and licensed nursing assistants.

Delivery drivers and sales merchandisers. An exception is made to the exemption for delivery drivers and sales merchandisers covered by the federal Fair Labor Standards Act in that employers must not calculate the overtime rate of compensation by the fluctuating workweek method of overtime payment.

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