N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title xxiii / Chapter 279
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 279:21 (2026)

Minimum Hourly Rate

✓ current as of May 2026
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[Introductory paragraph effective until the date the federal minimum wage is increased from the federal minimum wage in effect on July 23, 2021; see also introductory paragraph set out below.][Introductory paragraph effective the date the federal minimum wage is increased from the federal minimum wage in effect on July 23, 2021; see also introductory paragraph set out above.]
    279:21 Minimum Hourly Rate. –
Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended. Tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. The limitations imposed hereby shall be subject to the following exceptions:
Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended. Tipped employees of a restaurant, cigar bar as defined in RSA 178:20-a, II, hotel, motel, inn or cabin, or ballroom who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than the minimum direct wage as set forth in the federal minimum wage law, as amended, but in no case less than $3.27 per hour. If such an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the federal statutory minimum wage. The limitations imposed hereby shall be subject to the following exceptions:
I. These limitations shall not apply to employees engaged in household labor, domestic labor, farm labor, nor to outside salesmen, nor to employees of summer camps for minors.
II. These limitations shall not apply to employees engaged as newsboys, non-professional ski patrolmen or golf caddies.
III. [Repealed.]
IV. These limitations shall not apply to a person with less than 6 months' experience in an occupation; provided, however, such person shall not be paid less than 75 percent of applicable statutory minimum wage in an occupation, after application is filed by the employer with the labor commissioner within 10 days after hire.
V. These limitations shall not apply to a person 16 years of age or under; provided, however, such person shall not be paid less than 75 percent of applicable statutory minimum wage rate and evidence of such person is kept on file by the employer.
V-a. These limitations shall not apply to an employee of a ski area who exclusively performs welcoming and guest relation services at a ski area which are not essential to the functional operations of a ski area.
VI, VII. [Repealed.]
VIII. Those employees covered by the introductory paragraph of this section, with the following exceptions, shall, in addition to their regular compensation, be paid at the rate of time and one-half for all time worked in excess of 40 hours in any one week:
(a) Any employee employed by an amusement, seasonal, or recreational establishment if:
(1) It does not operate for more than 7 months in any calendar year; or
(2) During the preceding calendar year, its average receipts for any 6 months of such year were not more than 33-1/3 percent of its average receipts for the other 6 months of such year. In order to meet the requirements of this subparagraph, the establishment in the previous year shall have received at least 75 percent of its income within 6 months. The 6 months, however, need not be 6 consecutive months.
(b) Any employee of employers covered under the provisions of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. section 201, et seq.); provided however, employers that pay any delivery drivers or sales merchandisers an overtime rate of compensation for hours worked in excess of 40 hours in any one week shall not calculate such overtime rate of compensation by the fluctuating workweek method of overtime payment under 29 C.F.R. section 778.114.

Source. 1949, 310:1, par. 25. 1953, 232:1, par. 25. RSA 279:21. 1955, 288:1, par. 25. 1957, 311:1. 1959, 275:1. 1963, 203:1. 1967, 440:10. 1971, 494:1, 2; 552:1, 2. 1973, 350:1. 1977, 234:1. 1983, 267:1. 1985, 83:1. 1986, 63:1; 64:1. 1989, 86:1, 4. 1990, 198:3. 1995, 94:7, XXI. 1997, 226:5. 2007, 24:1. 2008, 327:2, eff. Jan. 1, 2009. 2010, 284:1, eff. July 8, 2010; 284:2, eff. Dec. 31, 2011. 2011, 204:1, eff. Aug. 21, 2011; 204:2, eff. Dec. 31, 2011 at 12:01 a.m. 2015, 1:1, eff. April 10, 2015. 2016, 316:3, eff. Nov. 1, 2016. 2021, 153:1.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2006–2022 · leading case: In re Fedex Ground Package Sys., Inc., 273 F.R.D. 424 (N.D. Ind. 2008).
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In re Fedex Ground Package Sys., Inc., 273 F.R.D. 424 (N.D. Ind. 2008). · cites it 3× “New Hampshire The New Hampshire plaintiffs assert claims under New Hampshire law for failure to pay overtime, N.H. Rev. Stat. Ann. § 279:21 VIII, and to provide meal breaks, N.”
Trezvant v. Fid. Emp. Servs. Corp., 434 F. Supp. 2d 40 (D. Mass. 2006). “N.H.Rev.Stat. Ann. § 279:21 (2005) (providing that employees “be paid at the rate of time and one-half for all time worked in excess of 40 hours in any one week,” unless the employees worked for an employer “covered under the provisions of the federal Fair Labor Standards Act of…”
In re Fedex Ground Package Sys., Inc., Emp. Practices Litig., 283 F.R.D. 427 (N.D. Ind. 2012). · cites it 3× “New Hampshire The New Hampshire plaintiffs assert claims under New Hampshire law for failure to pay overtime, N.H.Rev.Stat. Ann. § 279:21 VIII, and to provide meal breaks, N.”
Garcia v. E.J. Amusements of New Hampshire, Inc., 98 F. Supp. 3d 277 (D. Mass. 2015). “151, § 1A(20); NH.Rev.Stat. § 279:21(VIII). If these defenses are meritorious, every class member’s claim would be adversely affected.”
Roy D. Wallen v. TendoNova Corp., 2022 DNH 145 (D.N.H. 2022). · cites it 3× “Count II alleges a violation of RSA 279:21, which requires an employer to pay its employees no less than minimum wage.”
Gould et al v. First Student Mgmt., 2017 DNH 161 (D.N.H. 2017). · cites it 2× “RSA § 279:21, VIII. But there is an exemption to this statutory requirement for “employers covered under the provisions of the [FLSA].”
Wallen v. TendoNova Corp. (D.N.H. 2022). · cites it 3× “Count II alleges a violation of RSA 279:21, which requires an employer to pay its employees no less than minimum wage.”
Yin Gui Chen v. C&R Rock Inc., et al., 2016 DNH 060 (D.N.H. 2016). · cites it 2× “See RSA § 279:21. Although a plaintiff normally “has the burden of proving that he performed work for which he was not properly compensated,” when an employer has “inaccurate or inadequate” records, the plaintiff “has carried out his burden if he proves that he has in fact…”
David Camp & Keith Hadmack, on behalf of themselves & all others similarly situated, Plaintiffs v. Bimbo Bakeries USA, Inc. & Bimbo Foods Bakeries Distrib., LLC, Defendants, 2018 DNH 249 (D.N.H. 2018). · cites it 2× “(“RSA”) 275:48; failure to reimburse plaintiffs for various employment-related expenses, in violation of RSA 275:57; failure to pay overtime wages, in violation of RSA 279:21; and unjust enrichment, in violation of New Hampshire common law.”
N.H. Rev. Stat. Ann. § 279:21(VIII): 1 case
Garcia v. E.J. Amusements of New Hampshire, Inc., 98 F. Supp. 3d 277 (D. Mass. 2015). “151, § 1A(20); NH.Rev.Stat. § 279:21(VIII). If these defenses are meritorious, every class member’s claim would be adversely affected.”
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