New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 275:44 (2026)
Employees Separated From Payroll Before Pay Days
✓ current as of May 2026
Find cases:
SyfertCases citing this section
NH-GCgc.nh.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
275:44 Employees Separated From Payroll Before Pay Days. –
I. Whenever an employer discharges an employee, the employer shall pay the employee's wages in full within 72 hours.
II. Whenever an employee quits or resigns, the employer shall pay the employee's wages no later than the next regular payday, as provided under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, except that if the employee gives at least one pay period's notice of intention to quit the employer shall pay all wages earned by the employee within 72 hours.
III. When work of an employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, the employer shall pay in full to such employee not later than the next regular payday, as designated under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff.
IV. If an employer willfully and without good cause fails to pay an employee wages as required under paragraphs I, II or III of this section, such employer shall be additionally liable to the employee for liquidated damages in the amount of 10 percent of the unpaid wages for each day except Sunday and legal holidays upon which such failure continues after the day upon which payment is required or in an amount equal to the unpaid wages, whichever is smaller; except that, for the purpose of such liquidated damages such failure shall not be deemed to continue after the date of filing of a petition in bankruptcy with respect to the employer if he is adjudicated bankrupt upon such petition.
V. Regardless of the reason for an employee's termination of employment the employer shall pay to the appropriate administrator or other designated officials all wages in the nature of hourly health and welfare fund or pension fund contributions due with respect to such employee at the time of the next succeeding payment date applicable to such contributions.
I. Whenever an employer discharges an employee, the employer shall pay the employee's wages in full within 72 hours.
II. Whenever an employee quits or resigns, the employer shall pay the employee's wages no later than the next regular payday, as provided under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, except that if the employee gives at least one pay period's notice of intention to quit the employer shall pay all wages earned by the employee within 72 hours.
III. When work of an employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, the employer shall pay in full to such employee not later than the next regular payday, as designated under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff.
IV. If an employer willfully and without good cause fails to pay an employee wages as required under paragraphs I, II or III of this section, such employer shall be additionally liable to the employee for liquidated damages in the amount of 10 percent of the unpaid wages for each day except Sunday and legal holidays upon which such failure continues after the day upon which payment is required or in an amount equal to the unpaid wages, whichever is smaller; except that, for the purpose of such liquidated damages such failure shall not be deemed to continue after the date of filing of a petition in bankruptcy with respect to the employer if he is adjudicated bankrupt upon such petition.
V. Regardless of the reason for an employee's termination of employment the employer shall pay to the appropriate administrator or other designated officials all wages in the nature of hourly health and welfare fund or pension fund contributions due with respect to such employee at the time of the next succeeding payment date applicable to such contributions.
Source. 1887, 26:4. PS 180:23. PL 176:27. RL 212:16. RSA 275:44. 1963, 237:3. 1967, 398:3, eff. Sept. 1, 1967.
Notes of Decisions
Cited in 33
cases (8 in the last 5 years), 1981–2025 · leading case: Walsh v. Zurich Am. Ins. Comp, 853 F.3d 1 (1st Cir. 2017).
Walsh v. Zurich Am. Ins. Comp, 853 F.3d 1 (1st Cir. 2017). “See N.H. Rev. Stat. Ann. § 275:44 (IV). 6 The court subsequently denied Zurich’s post-trial motion for judgment as a matter of law on those claims, and it granted Walsh’s motion for attorney’s fees and expenses.”
Demers Agency v. Widney, 927 A.2d 1226 (N.H. 2007). “When Demers refused to pay Widney her year-end bonus for 2004, she filed two claims with the DOL, seeking unpaid wages under RSA 275:43,1 (1999) and liquidated damages under RSA 275:44, IV (1999). The DOL hearing officer found that Widney “carried her burden to show that the…”
Ives v. Manchester Subaru, Inc., 498 A.2d 297 (N.H. 1985). “He further claimed liquidated damages and attorney’s fees under the wage claim statute, RSA 275:44, IV and :53, III, and he sought to hold the president of the corporation individually liable under RSA 275:42, V.”
ACAS Acquisitions (Precitech) Inc. v. Hobert, 923 A.2d 1076 (N.H. 2007). “RSA 275:44, I, requires that “Whenever an employer discharges an employee, the employer shall pay the employee’s wages in full within 72 hours.”
Off. Comm. of Unsecured Creditors Ex Rel. Bankr. Est. of Felt Mfg. Co. v. Foss (In Re Felt Mfg. Co.), 371 B.R. 589 (Bankr. D.N.H. 2007). “Payment of “Just Debt” and Not Less than Reasonably Equivalent Value Sexton argues that all of the payments to him described in the complaint are wages within the meaning of NH RSA 275:42(111) and NH RSA 275:43(111) 16 for which Sexton provided services to FMC, and, as an…”
Galloway v. Chicago-Soft, Ltd., 713 A.2d 982 (N.H. 1998). “The relevant statute, RSA 275:44, IV (1987), provides in pertinent part: “If an employer willfully and without good cause fails to pay an employee wages as required [by the statute] .”
Rix v. Kinderworks Corp., 618 A.2d 833 (N.H. 1992). “Sections 42 through 55, for example, concern the payment of wages, and RSA 275:44, II provides that “[w]henever an employee quits or resigns, the employer shall pay the employee’s wages no later than the next regular payday.”
Trezvant v. Fid. Emp. Servs. Corp., 434 F. Supp. 2d 40 (D. Mass. 2006). “¶ 25; N.H.Rev.Stat. Ann. § 275:44, Employees Separated From Payroll Before Pay Days (containing this language).”
Richmond v. Hutchinson, 829 A.2d 1075 (N.H. 2003). “See RSA 275:44, IV (1999). As a result of several proceedings, the department ruled that both ES and Richmond were liable for the unpaid wages.”
New England Homes, Inc. v. R. J. Guarnaccia Irrevocable Trust, 846 A.2d 502 (N.H. 2004). “Guarnaccia and Cooley filed separate wage claims with the DOL in February 2002, alleging that the plaintiff failed to pay them their commissions as required by RSA 275:43,1 (1999), and that the plaintiff was also liable for liquidated damages pursuant to RSA 275:44, IV (1999).…”
Chisholm v. Ultima Nashua Indus. Corp., 834 A.2d 221 (N.H. 2003). “A jury may award liquidated damages when “an employer willfully and without good cause fails to pay an employee wages as required____” RSA 275:44, IV (1999). We have construed “willfully and without good cause” as “a single phrase meaning voluntarily, with knowledge that the…”
Stowell v. Action Moving & Storage, Inc., 933 A.2d 1128 (Vt. 2007). “§ 48-1232 ; N.H. Rev. Stat. Ann. § 275:44 (IV). Vermont's wage-payment statute does not contain a good-faith exception, 21 V.”
N.H. Rev. Stat. Ann. § 275:44(IV): 1 case
Off. Comm. of Unsecured Creditors Ex Rel. Bankr. Est. of Felt Mfg. Co. v. Foss (In Re Felt Mfg. Co.), 371 B.R. 589 (Bankr. D.N.H. 2007). “Payment of “Just Debt” and Not Less than Reasonably Equivalent Value Sexton argues that all of the payments to him described in the complaint are wages within the meaning of NH RSA 275:42(111) and NH RSA 275:43(111) 16 for which Sexton provided services to FMC, and, as an…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.