Under New Hampshire's overtime law, an employer must pay each employee overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 per workweek. Since this rate is the same as that prescribed by the federal law, the net effect of the state law is to extend overtime protections to workers not covered by the federal standard. Neither law requires overtime pay for hours worked in excess of 8 a day.
Employees paid on a base salary and commission basis, delivery drivers, and sales merchandisers.For the purpose of calculating overtime, the regular rate of employees paid on a base salary and commission basis, delivery drivers, and sales merchandisers is 1/40 of the employee's weekly pay.
New Hampshire has no state exemption for executive, administrative, and professional employees. Consequently, overtime exemption questions for executive, administrative, and professional employees are governed by federal law.
Several occupations and industries are exempt from New Hampshire's overtime provisions, including:
• Employees of employers covered by the federal FLSA
• Household and domestic labor
• Employees of children's summer camps
• Nonprofessional ski patrol
• Employees of certain amusement, seasonal, or recreational establishments
• Employer's spouse and children
• Independent contractors who meet specific state law requirements