New Hampshire Employment Contract Template

A New Hampshire employment contract is a written agreement between an employer and employee that defines job duties, pay, benefits, and workplace policies. While New Hampshire generally follows at-will employment, contracts can limit termination rights and provide extra protections for both parties.

• At-will employment: Employment is presumed at-will unless otherwise agreed in writing. Exceptions exist for discrimination, retaliation, or violations of public policy.
• Minimum wage: $7.25/hour, the same as the federal rate (New Hampshire Revised Statutes § 279:21).
• Overtime: Non-exempt employees must receive 1.5× pay for hours over 40 per week (NH Rev Stat § 279:21VIII).
• Meal/rest breaks: Employees working more than 5 consecutive hours must receive a 30-minute unpaid meal break, unless they can eat while working (NH Rev Stat § 275:30-A). No state-mandated rest breaks.
• Paid leave: No state requirement for private employers to provide sick leave or vacation. Policies are set by the employer.
• Pay frequency: Wages must be paid within 8 days after the end of the workweek (NH Rev Stat § 275:43).
• Final pay: Employees who are discharged must be paid within 72 hours. Employees who resign must be paid on the next regular payday (NH Rev Stat § 275:44).
• Child labor: Minors under 16 need work permits and face restrictions on hours and hazardous work. 16–17 year-olds may work up to 35 hours/week during school weeks and 48 hours/week otherwise (NH Rev Stat § 276-A).
• Non-competes: Enforceable if reasonable in time, geography, and scope, and provided to the employee before acceptance of the job offer (NH Rev Stat § 275:70). Non-competes are prohibited for low-wage workers, earning less than 200% of the federal minimum wage. NH Rev Stat. §275:70-a
• E-signatures: Recognized under New Hampshire’s adoption of the Uniform Electronic Transactions Act (NH Rev Stat § 294-E).
• Recordkeeping: Employers must keep payroll records for at least 4 years, including wages, hours, and deductions (NH Admin Code Lab 803).

To create a solid employment contract in New Hampshire, make sure it covers both general employment terms and the state’s specific labor requirements:

1. Add party details: List employer and employee names, job title, location, and start date.
2. Define job duties: Outline responsibilities, supervisor, and reporting structure.
3. Set pay and schedule: State hourly wage or salary, pay frequency, and overtime eligibility under state and federal law.
4. Include breaks: Note the required 30-minute meal break for shifts over 5 hours and any company rest break policies.
5. List benefits: Specify PTO, holidays, or health insurance if offered.
6. Confidentiality and IP: Add clauses to safeguard trade secrets and company-owned work.
7. Restrictive covenants: Use non-competes carefully, ensuring they are reasonable and provided before employment begins.
8. Termination terms: Confirm at-will status while noting exceptions under state law.
9. Governing law and signatures: State that New Hampshire law applies and confirm electronic signatures are binding.