The New Hampshire Equal Pay Law prohibits discrimination in wages based on sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions (NH Rev. Stat. Sec. 275:37 et seq.). Employers may not reduce the wage rate of any employee to comply with the Law.
The Law also prohibits discrimination against employees who file equal pay complaints or participate in the investigation or hearing of claims under the Law. The Law is applicable all employers in the state, regardless of size.
Domestic servants working in the home of the employer are not covered by the Law. The Law also exempts agricultural employees, temporary and seasonal employees, and the employees of any nonprofit social club, fraternal or charitable organization, or educational, religious, scientific, or literary association.
Pay differentials based on seniority, experience, training, skill, ability, duties and services performed, shift schedules, or pursuant to a collective bargaining agreement are permissible, provided no gender discrimination is involved.
The Law is enforced by the labor commissioner or the employee in state court. Employees can file claims within one year of the alleged pay discrimination. Remedies can include twice the unpaid wages (NH Rev. Stat. Sec. 275:39). An employer that violates the Law may be subject to a fine of up to $2,500.