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Women are
40%
more likely to
live in poverty
than white men in
New Hampshire
Single-woman led households are at the
highest risk
of poverty in
New Hampshire
In
New Hampshire
, women earn
$0.73
for every dollar a white man makes
Women in
New Hampshire
are
39%
more likely to earn
minimum wage
than white men
Women in
New Hampshire
are
28%
more likely to earn a
tipped wage
than white men
In
New Hampshire
, at least
68%
of women are essential to the financial security of their household
New Hampshire law generally requires equal pay on the basis of sex “for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions.”[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on (a) a seniority system; (b) a merit or performance-based system; (c) a system which measures earnings by quantity or quality of production; (d) expertise; (e) shift differentials; (f) a demonstrable factor other than sex, such as education, training or experience.[2]
· Retaliation: New Hampshire law protects employees from being discharged or discriminated against because of a complaint made under New Hampshire’s Equal Pay Act.[3]
[1] N.H. Rev. Stat. Ann. § 275:37.
[2] N.H. Rev. Stat. Ann. § 275:37.
[3] N.H. Rev. Stat. Ann. § 275:38-a.
Yes. New Hampshire’s catchall affirmative defense, “a demonstrable factor other than sex, such as education, training, or experience” is more narrow than the federal catchall affirmative defense, “any other factor other than sex.”[1]
[1] N.H. Rev. Stat. Ann. § 275:37; 29 U.S.C. § 206(d).
No. New Hampshire does not mandate any form of employer pay disclosure.
No. New Hampshire does not prohibit employers’ use of salary history in hiring or setting pay.
Yes. New Hampshire protects employees who ask about, discuss, or disclose their wages or another employee’s wages from retaliation.[1] Additionally, employers cannot require employees to refrain from disclosing their wages as a condition of employment.[2]
[1] N.H. Rev. Stat. Ann. § 275:38-a.
[2] N.H. Rev. Stat. Ann. § 275:41-b.
No. New Hampshire does not require employers to collect, report, or assess gender-based pay data.
No. New Hampshire follows the federal minimum wage law so only requires employers to pay $7.25/hr.[1] A minimum wage violation may be a criminal offense.[2] An employee may also sue seeking the full amount of the minimum wage less any amount actually paid, costs, and reasonable attorney’s fees.[3]
[1] N.H. Rev. Stat. Ann. § 279:21.
[2] N.H. Rev. Stat. Ann. § 279:28.
[3] N.H. Rev. Stat. Ann. § 279.29.
No. Tipped employees who regularly receive more than $30/month in tips can be paid 45% of the minimum wage.[1]
[1] N.H. Rev. Stat. Ann. § 279:21.
Yes. New Hampshire employees must generally pay their employees weekly or biweekly, unless they receive written permission from the Department of Labor to pay employees at a different interval, but it must be at least monthly.[1]
[1] N.H. Rev. Stat. Ann. § 275:43.
Yes. Employers are required to notify employees at the time of hiring of the wage or salary rate and the day and place of payment.[1] Employers must also notify their employees of any changes to the above information.[2] Finally, employers must provide a statement of deductions made from wages for each pay period.[3]
[1] N.H. Rev. Stat. Ann. § 275:49.
[2] N.H. Rev. Stat. Ann. § 275:49.
[3] N.H. Rev. Stat. Ann. § 275:49.
Yes. Covered employees must be paid time and one-half for working more than 40 hours in one week.[1]
[1] N.H. Rev. Stat. Ann. § 279:21.
Yes. New Hampshire allows employees to file wage claims within 36 months from the date the wages were due with the Department of Labor.[1] The commissioner must then serve the employer and can order payment be made if the employer does not object within ten days.[2] If requested, the parties can appear at a hearing and a written decision will then be issued.[3] A plaintiff can seek unpaid wages, liquidated dates, costs, and reasonable attorney’s fees.[4] Failure to pay wages pay be a misdemeanor.[5]
[1] N.H. Rev. Stat. Ann. § 275:51.
[2] N.H. Rev. Stat. Ann. § 275:51.
[3] N.H. Rev. Stat. Ann. § 275:51.
[4] N.H. Rev. Stat. Ann. § 275:53.
[5] N.H. Rev. Stat. Ann. § 275:52.
