Overtime & Wage Claims

What is a Wage and Hour Claim?

Wage and hour disputes can involve issues involving wages, hours, compensation and overtime. They also involve withholding of earned pay as well as the incorrect interpretation of your status under the Fair Labor Standards Act (FLSA) and state laws.

When Must Overtime be Paid?

Unless exempt by the Fair Labor Standards Act, overtime is paid to hourly employees at the rate of time and one-half of the employee’s regular rate of pay for all hours actually worked over forty (40) in one week.

What is the Main Difference Between Paying on Salary Versus Being Paid by the Hour?

An hourly employee is paid for all time worked including overtime, if applicable. A salaried employee receives a fixed amount of money for compensation regardless of the quantity or quality of the work performed or the number of hours and days which the work is performed.

What is the Minimum Number of Hours Per Day an Employee Must Be Paid When Reporting to Work?

An employee who reports to work at the employer’s request must be paid for a minimum of two (2) hours, unless the employer can contact the employee prior to the employee arriving at work.

When are Wages Due Upon Separation From Employment?

Under New Hampshire law, if an employee quits or resigns, the wages are due by the next regular pay day. However, if the employee is fired, the wages are due within seventy-two (72) hours from the time of the termination.

Am I Entitled to Receive a Copy of My Personnel File?

Yes, an employee, whether present or former employee, must be given access to review or be given a copy of their own personnel file, whether maintained in one or more locations.

Can I Sue My Employer For Overtime & Wage Claims?

Yes, an employee can bring a wage claim at the NH Department of Labor or in NH Superior Court.


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