As a worker in New Hampshire, you have a right to be paid in full and on time. If your employer isn’t paying you or made a mistake on your paycheck, you may have a New Hampshire wage claim and should talk to an employment attorney about your options.
Unfortunately, there are many ways New Hampshire employees find themselves with unpaid wages that are due and owing by their employers. Have you experienced any of the following?
- You separated from your employer, and they haven’t paid you your final paycheck, or it doesn’t include all you are due.
- You aren’t receiving accurate commission payments or other non-discretionary bonuses as agreed upon.
- Your paychecks don’t accurately reflect time worked, overtime, or missed breaks.
- Your paychecks show that you aren’t being paid for your “paid” time off.
You work hard for your money, and you deserve to see every dollar you’ve earned. Read on to learn how to recover these unpaid wages.
What counts as a wage claim in New Hampshire?
New Hampshire law defines “wages” broadly – the term includes not only a standard salary or hourly pay but also any compensation for the benefit of an employee agreed to by the employer. This includes commissions, non-discretionary bonuses (not discretionary holiday bonuses, sorry), and even unused vacation pay, (unless the employer has a clear policy stating that they will not pay out unused vacation pay upon separation).
New Hampshire employers are required to pay all wages due within 8 or 15 days following the work week, depending on whether the employee is paid on a weekly or biweekly basis. Similarly, New Hampshire employers are required to pay the employee’s remaining wages in full within one regular payday or within 72 hours, depending on the circumstances of the separation.
You may have a wage claim if your employer failed to pay you your earned wages when due.
Steps to take if your employer isn’t paying you correctly
If your employer isn’t paying you your earned wages correctly and on time, you should ask the employer to correct the issue in writing. If your employer simply made an error, the issue will be resolved. If not, the employer’s refusal to pay the unpaid wages will be useful for your future wage claim. Under New Hampshire law, there are statutory penalties, (10% of the unpaid wages each day your employer continues to fail to pay, for ten days, which could double your claim) if your employer withholds your wages willfully and without good cause.
It's always a good idea to contact an experienced New Hampshire employment attorney who can assist you in filing your wage claim. Note, a wage claim must be filed within 36 months from when the wages were due.
Possible recovery for a New Hampshire wage claim
Under New Hampshire law, in addition to recovery of your unpaid wages, you may be able to recover the attorney’s fees you spend when you bring a successful wage claim. As described above, if your employer acted willfully and without good cause in withholding your wages, you can recover up to double the amount of the unpaid wages.
At Shaheen & Gordon, our employment attorneys have been representing New Hampshire’s workers for decades. We are dedicated to ensuring the rights of all workers. If you believe you have a wage claim, please contact our team.
Attorney Kirsten Allen represents clients in a range of business, employment, and litigation matters. Her broad range of experience allows her to provide a unique perspective for clients. Kirsten focuses on understanding specific challenges and providing thoughtful solutions.
