Anaya Nolan
New Hampshire labor laws are constantly changing, and employers must stay up-to-date to ensure compliance and avoid penalties. While labor laws are designed to protect employees, there are instances where an employee may consider waiving their rights, such as when facing a dispute with their employer. In New Hampshire, employees are protected by laws such as the Whistleblowers' Protection Act, the Fair Labor Standards Act, and the Family Medical Leave Act. However, it is unclear whether an employee can choose to waive these protections, and doing so may leave them vulnerable to unfair treatment or unlawful termination. Understanding the complexities of New Hampshire labor laws is crucial for both employees and employers to ensure fair and compliant practices in the workplace.
| Characteristics | Values |
|---|---|
| Whistleblower protections | Yes, under the New Hampshire Whistleblower Statute and other protections |
| Anti-discrimination protections | Yes, under the New Hampshire Law Against Discrimination (NHLAD) and the federal Age Discrimination in Employment law |
| Equal pay protections | Yes, under the New Hampshire equal pay law |
| Protections for pregnancy-related medical conditions | Yes, under RSA 354-A:7, VI |
| Protections for victims of crime | Yes, under the Crime Victim Employment Leave Act |
| Protections for military family members | Yes, under the federal Family and Medical Leave Act (FMLA) |
| Protections for employees with firearms | Yes, under New Hampshire law, but employers can set their own rules about firearms at work |
| Protections for employees with social media accounts | Yes, under New Hampshire law, employers can't ask for personal social media info |
| Protections for employees who need to express milk at work | No, but the federal Fair Labor Standards Act (FLSA) requires employers to provide a suitable place and ample time for this until the child turns one |
| Protections for employees who need to vote | No, but employees are entitled to absentee voting |
| Protections for employees who work seven consecutive days | Yes, under New Hampshire law, employees must be provided with a 24-hour rest day |
| Protections for employees who are sick | No, but for employers with more than 50 employees within 75 miles, full-time employees who have worked for more than a year are entitled to take up to 12 weeks of unpaid leave for serious health conditions under the Family Medical Leave Act |
| Protections for employees who are harassed based on race or disability | Yes, but if the perpetrator is a co-employee, negligence by the employer must be shown |
What You'll Learn
Whistleblower protection
In New Hampshire, whistleblowers are protected under the Whistleblowers' Protection Act. This means that employees are protected from discharge or discrimination if they engage in the following activities:
- Reporting what they reasonably believe is a violation of a federal, state, or local law or rule. The report can be made verbally or in writing and must be made in good faith. The employee is protected even if their suspicion turns out to be false, as long as it was reasonable and made in good faith.
- Participating in an investigation, hearing, or inquiry conducted by a government entity, including court actions, that concerns an employer's suspected violation of a federal, state, or local law or rule.
To file a whistleblower or retaliation claim in New Hampshire, employees must first complete the Whistleblowers' Complaint Form provided by the New Hampshire Department of Labor. Public employees must file the Public Employee Complaint Form to report the possible existence of activity constituting fraud, waste, or abuse in the expenditure of public funds.
While New Hampshire law generally allows employees to be fired at any time and for any reason under the at-will employment doctrine, there are exceptions to this rule. For example, employees are protected from retaliatory discharge if they invoke their right to collect workers' compensation benefits. Additionally, employers who coerce employees to commit perjury by threatening reprisal are contravening New Hampshire's public policy, and employees are protected from retaliation in this case as well.
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Anti-discrimination laws
New Hampshire has comprehensive legal protections to prevent discrimination and harassment. The state's Law Against Discrimination (RSA 354-A) covers housing, public accommodation, and employment, making discrimination and harassment a crime. The New Hampshire Commission for Human Rights (CHR) is responsible for investigating and enforcing employment discrimination violations. An employee generally has 180 days after an incident to file with the CHR.
New Hampshire's anti-discrimination laws prohibit discrimination in employment based on age, sex, race, colour, marital status, physical or mental disability, religious creed, national origin, gender identity, and sexual orientation. The protections against sex discrimination also cover pregnancy, and employers must make reasonable accommodations for physical or mental limitations unless it causes undue hardship.
The Department of Labor enforces pay equality under Discrimination in the Workplace legislation (RSA 275:37). Employers must pay equal wages for equal work and cannot pay different wages based on sexual orientation. Employers must comply with anti-discrimination laws for the entire employment relationship, from hiring to termination. For example, employers cannot fire someone due to their race or gender identity.
New Hampshire and federal laws consider harassment a form of discrimination. Employers with six or more employees must comply with the state's anti-discrimination law (RSA 354-A:7, VI). It provides employees experiencing pregnancy-related medical conditions the right to take leave and return to work until the end of their pregnancy. There are additional protections under the federal Family and Medical Leave Act (FMLA) and the federal Pregnancy Discrimination Act.
The state has also adopted pay transparency legislation, and it is illegal for an employer to punish employees who discuss their pay. New Hampshire's Data Privacy Act (NHDPA), RSA 507-H, covers employee privacy rights. Employers can conduct background checks on applicants and employees but must follow rules about what they can ask and when. Whistleblowers are also protected in New Hampshire.
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Family and medical leave
To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months and at least 1,250 hours in the 12 months preceding the need for leave. Additionally, the FMLA covers public agencies or employers with 50 or more employees within a 75-mile radius of the employee's worksite. It's important to note that New Hampshire's Law Against Discrimination and the federal Americans with Disabilities Act (ADA) require employers to provide medical leave as a reasonable accommodation for disabled employees, even if they don't meet the FMLA eligibility criteria.
Female employees in New Hampshire are also entitled to leave related to pregnancy and childbirth, regardless of FMLA requirements. This is protected under disability discrimination and pregnancy discrimination laws. Furthermore, employers in the state must comply with New Hampshire's anti-discrimination law (RSA 354-A:7, VI), which grants employees with pregnancy-related medical conditions the right to take leave and return to work until the end of their pregnancy.
In addition to the FMLA, New Hampshire has a unique Voluntary Paid Family and Medical Leave Plan (NH PFML). This plan is available to both employers and individuals whose employers do not offer NH PFML insurance or equivalent benefits. It provides up to six weeks of paid leave per year, with 60% wage replacement for covered common life events. This plan is optional for private employers, but if they choose to participate, employees can receive 60% of their average weekly wage.
The New Hampshire Paid Family Leave Plan is a valuable benefit for employees, ensuring they can take time off for important life events without facing financial hardship. It's important for employers in the state to understand their responsibilities under the NH PFML and provide this benefit to their employees when applicable. By doing so, they can create a supportive work environment and remain competitive in today's labor market.
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Employee privacy rights
The New Hampshire Data Privacy Law, which came into effect on January 1, 2025, gives residents control over their personal information. This includes the right to confirm if their personal data is being processed, access and correct their information, delete data, and obtain a portable copy. Residents can also opt out of data processing for targeted advertising, the sale of their data, and profiling that produces legal or significant effects. The law outlines requirements for businesses to adequately protect data from unauthorized access.
The New Hampshire Privacy Act (NHPA) establishes data privacy responsibilities for companies conducting business in the state or providing goods and services to residents. It defines a controller as an entity that collects and processes personal data, and they must provide a privacy notice that is reasonably accessible and written in clear and meaningful language. The NHPA also requires the Secretary of State to establish secure means for consumers to exercise their rights and provide standards for privacy notices.
New Hampshire's anti-discrimination law (RSA 354-A:7, VI) applies to employers with six or more employees, providing rights for pregnant employees to take leave and return to work. The state's Paid Family and Medical Leave Plan (NH PFML) is voluntary for private employers, offering partial wage replacement for up to six weeks of leave for eligible medical and family reasons. Employers must also provide unpaid, job-protected leave for employees selected for jury duty and those who are victims of a crime or have an immediate family member who is.
Additionally, New Hampshire's laws cover internal HR practices, including financial information and personnel files. Employers can conduct background checks but must follow rules about what they can ask and when. Whistleblowers are also protected under state law.
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Compliance and penalties
Compliance with labor laws in New Hampshire is essential for businesses operating in the state. Non-compliance can lead to penalties and legal consequences. Here are some key areas of compliance and their associated penalties:
Hiring Employees: New Hampshire employers must comply with the New Hire Reporting Law, which requires them to report new hires, rehired employees, and certain independent contractors to the New Hampshire Employment Security (NHES) within 20 days of the "First Day of Hire." The "First Day of Hire" is defined as the first day a worker performs services for wages, receives another form of compensation, or becomes under contract. Failure to comply with this law can result in penalties for the employer.
Criminal History Access: Under New Hampshire House Bill 253 (NH HB253), public-sector employers are prohibited from inquiring about or requiring the disclosure of an applicant's criminal history prior to the interview stage. Once an applicant has been interviewed, employers may obtain such information. Non-compliance with this law can lead to legal consequences.
Anti-Discrimination Laws: Employers with six or more employees must comply with New Hampshire's anti-discrimination law (RSA 354-A:7, VI). This law provides employees experiencing pregnancy-related medical conditions the right to take leave and return to work until the end of their pregnancy. Non-compliance with anti-discrimination laws can result in legal penalties and lawsuits.
Paid Family and Medical Leave: While New Hampshire's Paid Family and Medical Leave Plan (NH PFML) is voluntary for private employers, employers who choose to participate must comply with certain requirements. They must provide employees with up to six weeks of partial wage replacement (60% of their average weekly wage) for eligible medical and family reasons. Non-compliance with the terms of the NH PFML can result in penalties for employers.
Workplace Safety: Employers are responsible for providing and maintaining a safe working environment for their employees. Non-compliance with workplace safety regulations can lead to fines, legal penalties, and even criminal charges in cases of gross negligence.
To avoid penalties and ensure compliance with New Hampshire's labor laws, businesses are advised to seek guidance from professional services specializing in payroll and HR regulations. These services can help organizations stay up-to-date with the constantly changing federal, state, and local regulations in New Hampshire.
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Frequently asked questions
The New Hampshire Whistleblower Statute protects employees who speak out against their employers. Employees are within their rights to complain about an illegal practice or refuse to participate in such a practice. The Whistleblower Statute also protects employees from being fired for doing something in support of public policy or refusing to do something against public policy.
The New Hampshire Paid Family Leave Plan is a voluntary plan that provides workers with up to six weeks of paid leave per year for covered common life events. It is available to both employers and individuals whose employers do not provide NH PFML insurance or equivalent benefits. Individuals can enrol during the open enrolment period, and employers can enrol in the group plan at any time.
New Hampshire labour laws protect employees' social media information. Employers cannot ask for personal social media information, such as usernames, passwords, and authentication information.
