New Hampshire Pay Frequency Law: What Should Companies Should Know

Employers in New Hampshire need to ensure that employees are paid in a timely manner, and at a frequency that meets the requirements of New Hampshire Pay Frequency Law. This is a crucial element for processing payroll in New Hampshire. 

Here is everything you need to know regarding New Hampshire Pay Frequency.

New Hampshire Pay Frequency Requirements

New Hampshire Pay Frequency Law (RSA 275:43) is an essential part of processing payroll in the state, and a must-know law for anyone starting a business in New Hampshire. As part of New Hampshire Labor Laws, it is crucial that employers understand the requirements regarding wage payment timing. In fact, wage payment timing is just as important as New Hampshire minimum wage.

Employers should note that wage payment timing is a good point to bring up when trying to increase direct deposit participation.

How Often Do You Need to Pay Employees in New Hampshire?

New Hampshire employers can generally pay employees either weekly, or biweekly. Employers can request a less frequent payment method. 

Whatever you choose, it is important to stick to it in order to build an ethical business culture.

Paying Employees Weekly in New Hampshire 

If you choose to pay employees on a weekly basis in the state of New Hampshire, then you must ensure that employees are paid within eight days (including Sunday) after the expiration of the workweek.

Paying Employees Bi-weekly in New Hampshire

If you choose to pay employees on a bi-weekly basis in the state of New Hampshire, then you must ensure that employees are paid within eight days (including Sunday) after the expiration of the first week of work, and then proceed with designated paydays falling every 14 days thereafter.

Applying for a Less Frequent Payment Method in New Hampshire

Employers can make a Request for Payment of Wages Other than Weekly or Biweekly. In order to make such a request, employers must generally have the following information handy:

• Method of payment
• Whether the employer wishes to pay semi-monthly or monthly
• When each pay period begins and when each pay period ends
• Designated payday
• Classification of employees
• The salary range of the employees involved
• The employer’s federal identification number

Employers have two options to make a request. Option one involves downloading and printing out a Request for payment of wages other than weekly or biweekly form, and then mailing the completed form to the address below: 

Wage & Hour Administrator
New Hampshire Department of Labor
PO Box 2076
Concord, NH 03302-2076

The second option is to email or call the Inspection Division at the New Hampshire Department of Labor to have a request form mailed to you to complete and return.

Telephone Number: (603) 271-0127
Email Address: InspectionDiv@dol.nh.gov 

Important to note is that not all requests are approved, and until an employer receives written approval, they are strictly prohibited from paying employees outside of the pay frequency requirements noted above. The department has the right to revoke its decision in the event that: 

• Complaints are received from the employees involved
• Payroll is not regularly satisfied on the designated payday
• The information provided in the original request changes
• The employer falls out of compliance with any other New Hampshire labor laws

Other Employer Requirements

Aside from the core requirements around wage payment timing, there are other requirements under this law, including employee notices and posting requirements. 

Final Paycheck Timing

Employers must ensure that final paychecks are paid within 72 hours for any employees who are terminated. Payment must be made by either physically giving payment to the employee or by mailing the payment to the employee, at the discretion of the employee. 

Employees who quit must receive their final paycheck no later than the next regular payday, so long as they give notice. For employees who quit without notice, or whose employer decides that they do NOT want the employee to work during their notice period, their final paycheck is due within 72 hours

Notice to Employees Regarding Pay Schedule

Upon hiring a new employee, it is the employer's responsibility to notify the employee, in writing, of the rate of pay.

Employers must also notify employees of any changes to the rate of pay, prior to change. This must be done in writing, or by posted notice.

Posting Requirements

New Hampshire employers must also display the New Hampshire Protective Legislation Law Poster, which includes employee rights regarding pay frequency, as well as has a section to indicate regularly scheduled paydays. 

Get Help with New Hampshire Payroll

Not all businesses in New Hampshire have the resources to be able to maintain compliance when processing payroll without the proper software or services at their back. 

Even the largest of companies with the resources to do so, still have challenges. That is why it is important to find a New Hampshire Payroll Company that can help maintain compliance while ensuring payroll runs smoothly and efficiently. Ensuring that employees are paid on time is just one of the many benefits of outsourcing payroll.

Additionally, New Hampshire employers may want to consider using an earned wage access solution to help employees access wages faster and avoid disagreements. In fact, some earned wage access solutions, like those available from Trivantus, come at no cost to the employer!

To learn more about how Trivantus' payroll software helps countless New Hampshire businesses process payroll, or to learn more about our earned wage access solution, contact us today.