How do you calculate overtime pay in New Hampshire?

April 27th 2025

New Hampshire overtime laws help protect employee rights, and understanding them starts with knowing how to calculate overtime pay.

This guide breaks down how overtime works in New Hampshire—what counts as a workweek, how to calculate regular and overtime pay, and which employees are exempt or non-exempt. It also explains how overtime applies across different pay structures, from hourly workers to salaried or piece-rate employees.

This Article Covers:

Understanding Overtime in New Hampshire

Which Overtime Laws Apply in New Hampshire?

New Hampshire follows the federal Fair Labor Standards Act (FLSA) when it comes to overtime. Under these rules, non-exempt hourly employees must be paid time and a half their regular rate for all hours worked over 40 in a single workweek. There is no additional state-level overtime law that overrides this, so the federal standard applies across the board.

How are Overtime Laws in New Hampshire Different from Federal Laws?

New Hampshire does not have its own expanded overtime statute, so it defaults to the federal Fair Labor Standards Act (FLSA).

That means employers must pay non-exempt employees 1.5 times their regular hourly rate for hours worked over 40 in a week. However, no extra daily overtime rules apply.

While some states layer on stricter overtime laws, New Hampshire mirrors the federal baseline without additional state-specific provisions.

What is the Regular Rate of Pay in New Hampshire?

In New Hampshire, the regular rate of pay follows federal FLSA rules, meaning it includes all compensation for work—such as hourly wages, salaries, commissions, and piecework—averaged over the total hours worked in a week. It must meet at least the $7.25 federal minimum wage, and overtime is calculated based on this regular rate.

How Much is Overtime Pay in New Hampshire?

New Hampshire’s overtime laws closely follow FLSA, as stated above. The specifications include:

Weekly Overtime: Employees must be paid 1.5 times their regular hourly rate for all hours worked beyond 40 in a single workweek.
No Daily Overtime: New Hampshire does not require overtime based on daily hours worked, only on weekly totals.
Exemptions: Seasonal, recreational, and amusement employees of businesses operating less than seven months a year, or making most of their income in a six-month season, are exempt from overtime.
Unique State Rules: Unlike federal law, New Hampshire does not allow the “fluctuating workweek” method for calculating overtime, and salaried employees must be paid their full salary for any pay period in which they perform any work.
Averaging Hours Across Weeks: Averaging hours over multiple weeks is not permitted; overtime must be calculated based on each individual 7-day workweek.

Who is Eligible for Overtime Pay in New Hampshire?

Most employees in New Hampshire are eligible for overtime pay if they work more than 40 hours in a workweek. This includes hourly, salaried, and piece-rate workers, unless they are exempt under the federal FLSA.

Employees under 16 or 17 years old are still eligible if they are working legally and not bound by school attendance requirements.

Check out our guide on overtime rights in New Hampshire.

Who is Exempt from Overtime Pay in New Hampshire?

Some employees are not eligible for overtime pay based on their job type, salary, or specific exemptions under the FLSA. These exemptions include:

Executive, administrative, and professional employees earning at least $684 per week ($35,568 per year)
Computer employees earning at least $684 per week on a salary basis or $27.63 per hour on an hourly basis
Outside sales employees (no salary threshold requirement)
Certain highly compensated employees earning at least $107,432 per year, including at least $684 per week on a salary or fee basis
Agricultural workers under specific FLSA exemptions
Transportation workers covered by FLSA sections 13(b)(1), (2), (3), (6), or (10)
Certain employees employed by small businesses (under $500,000 in annual revenue) and not engaged in interstate commerce
Workers in national service programs
Immediate family members of the employer (spouse, parent, child, or adopted child)
Certain employees under specific collective bargaining agreements
Commission-based employees who meet FLSA standards
Crew members on commercial fishing vessels
Employees of amusement or recreational establishments operating seasonally
Employees practicing law, medicine, or teaching (special professional exemptions)
Religious workers such as clergy and directors of religious activities
Certain Federal employees like the U.S. Postal Service and Library of Congress workers.

For a detailed breakdown of these exemptions, including duties tests and earnings requirements, view the U.S. Department of Labor’s Fact Sheet on FLSA exemptions.

Learn more in detail about New Hampshire salaried employee laws.

Overtime for Hourly Rate and Salaried Employees in New Hampshire

How Do You Calculate Overtime for Hourly Employees in New Hampshire?

Since New Hampshire mirrors the FLSA, overtime is calculated by taking the employee’s regular hourly wage and multiplying it by 1.5 for each hour worked over 40 in a week.

Consider an hourly employee with a wage of $20 per hour working 45 hours in one week:

Regular Pay for 40 Hours: 40 hours x $20 = $800
Overtime Pay for 5 Hours: 5 hours x $30 ($20 hourly wage x 1.5 overtime rate) = $150
Total Pay for the Week: $950

This example shows the standard method of calculating overtime for hourly workers in New Hampshire. It’s important to note that New Hampshire does not have a daily overtime rule (like overtime after 8 hours in a day) — only weekly overtime after 40 hours.

To learn more, you can read our guide on your rights as an hourly employee in New Hampshire.

How is Overtime Calculated for Salaried Employees in New Hampshire?

In New Hampshire, overtime pay for salaried employees is calculated following the FLSA rules. Here’s how it works:

1. Convert Annual Salary to Weekly Salary: Divide the employee’s annual salary by 52 to find the weekly salary.

2. Determine the Hourly Rate: Divide the weekly salary by 40 hours to get the regular hourly rate.

3. Calculate Overtime Pay:

Weekly Overtime (1.5x): Employees are entitled to 1.5 times their regular hourly rate for every hour worked beyond 40 hours in a single workweek.

For example, consider a salaried employee earning $52,000 annually:

Weekly Salary: $52,000 ÷ 52 = $1,000
Hourly Rate: $1,000 ÷ 40 = $25
Overtime Pay Rate: $25 x 1.5 = $37.50 per overtime hour

If this employee works 45 hours in a week:

The first 40 hours are paid at the regular rate ($1,000 total).
The 5 extra hours are paid at $37.50 per hour, totaling $187.50 in overtime pay.
Total Weekly Pay: $1,000 + $187.50 = $1,187.50

The employee’s total weekly compensation includes their regular salary plus overtime earnings for all hours worked beyond 40 hours in a workweek.

Overtime for Complex Pay Structures in New Hampshire

How Do You Calculate Overtime for Piece Rate or Commission Employees in New Hampshire?

In New Hampshire, employees compensated through piecework or commission are still entitled to overtime pay if they work over 40 hours in a workweek, according to both state law and the FLSA. Similar to other states that follow the FLSA, there’s a specific method to fairly calculate the regular hourly rate for overtime purposes.

Method: Total Earnings Divided by Total Hours Worked

The employee’s total earnings for the week—including piece rates, commissions, and payments for non-productive time like waiting—are added together. This total is then divided by the number of hours worked to determine the regular hourly rate. For any hours over 40 in a workweek, the employee is owed an additional half of the regular rate for each overtime hour.

For example, suppose an employee earns $600 from piecework or commissions during a workweek in which they worked 45 hours:

Total Earnings: $600
Total Hours Worked: 45 hours
Regular Rate: $600 ÷ 45 = $13.33 per hour
Overtime Rate (half-time pay): $13.33 ÷ 2 = $6.67 per overtime hour

For the 5 overtime hours, the employee would earn an additional:

Overtime Pay: 5 × $6.67 = $33.35

Total Weekly Pay:

Regular Pay (45 hours at $13.33): 45 × $13.33 = $599.85
Plus Overtime Premium: $33.35
Total Compensation: $633.20

This ensures that employees working under a piece-rate or commission-based system are fairly compensated for all hours worked, including overtime.

How Do You Calculate Overtime with Multiple Pay Rates in New Hampshire?

In New Hampshire, when an employee earns different hourly rates within the same workweek, overtime must be calculated based on the weighted average of those rates.

To determine the weighted average regular rate for overtime purposes, you first add up the total earnings from all pay rates for the week, and then divide by the total number of hours worked.

Consider an employee working at two different rates during the same week:

Hours and Pay: The employee works 28 hours at $18/hour and 16 hours at $22/hour.
Total Earnings: (28 × $18) + (16 × $22) = $504 + $352 = $856.
Total Hours Worked: 28 + 16 = 44 hours.
Weighted Average Regular Rate: $856 ÷ 44 = $19.45 per hour.

Since the employee worked 4 overtime hours (44 – 40 = 4 overtime hours), overtime pay must be at 1.5 times the weighted average rate.

Overtime Rate: $19.45 × 1.5 = $29.18 per hour.

Thus, the employee’s overtime pay for the 4 extra hours would be:

Overtime Pay: 4 × $29.18 = $116.72 in overtime compensation.

Additional Considerations for New Hampshire Overtime

Are there Industry-Specific Overtime Rules in New Hampshire?

No, New Hampshire does not impose additional industry-specific overtime rules beyond what is required under the federal FLSA.

Certain industries, such as healthcare, residential care facilities, and emergency services, may operate under special overtime provisions allowed by the FLSA.

This includes alternative work periods like 14-day schedules for hospitals and care establishments. Employers in these industries must follow the applicable FLSA standards to ensure compliance.

Do Employees in New Hampshire Get Extra Overtime Pay for Working on Sundays or Holidays?

In New Hampshire, no additional overtime pay is required just for working on Sundays, holidays, or regular days of rest, unless the employee works more than 40 hours in a workweek.

Working on weekends or holidays does not automatically entitle employees to overtime pay if their total hours for the week are 40 or fewer.

How can Employers Ensure Compliance with New Hampshire Overtime Laws?

Employers can ensure compliance with New Hampshire overtime laws by keeping true and accurate records of all hours worked and wages paid to each employee for a minimum of three years, as required by state law.

They must also pay overtime at one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a week unless the employee is exempt under the FLSA.

Additionally, employers must ensure timely payment of wages upon separation from employment and provide proper wage notifications and deductions in accordance with New Hampshire law.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.

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