A New Hampshire employment contract allows you to outline the terms and conditions of a worker’s employment. The employment contract should outline specifics such as the duration of the employment, the financial compensation the employee will receive, and any non-disclosure or confidentiality clauses the employer may wish to include.
New Hampshire contracts meet the requirements of common law, meaning they have to have an offer, a mutual agreement, and reasonable consideration. They can be oral or written under New Hampshire law [1] .
- Laws: Title XXIII
- Definition of Employee: According to NH Rev Stat § 281-A:2, an employee is any person in the service of an employer who’s subject to the provisions of § 281 under any express or implied, oral or written contract of hire except a railroad employee engaged in interstate commerce whose rights are governed by the Federal Employers’ Liability Act.
By Type
Independent Contractor Agreement
Defines the expectations for an independent contractor's provision of services to a client.
Subcontractor Agreement
Defines the relationship between a general contractor and a subcontractor.
Non-Compete Agreement
Explains an employee's limitations so their actions don't support a competitor's efforts.
Hiring in New Hampshire
Before you start writing your New Hampshire employment contract, you need to be aware of the state labor laws and requirements:
At-Will Employment
New Hampshire is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
The minimum wage in New Hampshire is the federal minimum wage, which is currently $7.25/hour [2] .
Child Labor
Employment certificates are required in New Hampshire for minors between 12 and 15 years old. However, employment certificates are not required for 16- and 17-year-olds to be employed. Employers must instead acquire and maintain on file a signed, written document from the minor’s parent or legal guardian allowing the employment [3] .
Age certification is not required. However, the New Hampshire Department of Safety may issue age certificates for 16- and 17-year-olds as requested by employers.
Payday
New Hampshire requires employers to pay employees weekly or bi-weekly. Upon written permission from the New Hampshire Department of Labor, employees can be paid semi-monthly or monthly.
Meal and Rest Breaks
Minimum paid rest periods are not required in New Hampshire. Meal periods, however, are required. Employers must provide employees with a 30-minute meal period after five consecutive hours of work unless it’s feasible for the employee to eat while working and is permitted to do so by the employer [4] .
Recordkeeping Requirements
New Hampshire employers must keep the following records:
- Wages/Hours/Payroll: 4 years
- Unemployment Insurance: 6 years
- Safety and Health/Workers’ Compensation: 30 years
Sample
Download a New Hampshire employment contract template in PDF or Word format below.
