Pay Frequency and Wage-Payment Lag Requirements in New Hampshire

At a glance

Requirements one by one

Ordinary payroll is weekly or biweekly

RSA 275:43 I requires weekly wages to be paid within eight days after the workweek expires and biweekly wages within fifteen days after the workweek expires. Payment must occur on regular paydays designated in advance. Without a Commissioner permit, those are the two schedules the statute provides.

The lag and the frequency are separate controls. A weekly employer cannot simply wait fifteen days because that longer deadline appears in the same sentence; the eight-day deadline is tied to weekly pay, and the fifteen-day deadline is tied to biweekly pay.

RSA 275:42 I-II defines coverage and exclusions. The employer definition excludes domestic labor in the employer's home and farm labor where fewer than five people are employed. The employee definition also excludes the listed workers and persons who satisfy its independent-business criteria.

Other schedules require the Commissioner's permission

Under RSA 275:43 IV, an employer seeking a schedule other than weekly or biweekly must file a written petition showing good and sufficient reason. Any permission must retain at least one payday each calendar month on a regular, predesignated date. The Commissioner may set conditions and limit how long the permission lasts.

The Commissioner can also move in the opposite direction. RSA 275:43 IV-b allows a temporary weekly-pay requirement for good and sufficient reason until the employer corrects identified deficiencies.

Commission draws have their own monthly architecture

RSA 275:42 VII permits a draw-against-commission arrangement in which the employee receives a draw of at least the minimum wage at least once each month. Draws are reconciled against commissions monthly unless employer and employee agree otherwise in writing. Any amount payable to the employee after reconciliation must be paid under the chapter's ordinary rules.

Payday arrangements and changes require notice

RSA 275:49 I-II requires notice at hiring of the rate of pay and the day and place of payment. The employer must notify employees before changing those arrangements. The statute does not supply a fixed number of advance days, but the notice must precede the change.

Late recurring pay can produce agency and court enforcement

RSA 273:11-a I-III(a) allows the Labor Commissioner, after a hearing, to impose a civil penalty of up to $2,500 for a Title XXIII violation. Failure to pay an employee fully and on time under RSA 275:43 is specifically exempt from the ordinary written-warning-and-cure step.

Under RSA 275:51 I, V, the Department may investigate and adjudicate a wage claim filed within 36 months after wages were due. RSA 275:53 I-III also permits a direct civil action and allows a court to award costs and reasonable attorney fees. A willful violation of RSA 275:43 is a misdemeanor under RSA 275:52.

What trips people up

The statute measures the deadline from the expiration of the workweek, not from an employer-created processing date. The literal deadlines are eight days for weekly pay and fifteen days for biweekly pay.

Monthly payroll is not an ordinary employer option. It requires a written petition, good and sufficient reason, and the Commissioner's permission. A permit may also carry conditions or an expiration date.

Common questions

May a New Hampshire employer pay every two weeks?

Yes. Biweekly payroll is an ordinary statutory option, with wages due within fifteen days after the workweek expires.

May an employer use semimonthly or monthly payroll?

Only with the Labor Commissioner's permission after a written petition showing good and sufficient reason. Payment may never be less frequent than monthly.

How much notice is required before changing payday?

RSA 275:49 requires notice before the change but does not state a fixed number of days.

Statutes and sources

• RSA 275:42 I-II, VII. Coverage, exclusions, and draw-against-commission schedule. Official statute (accessed July 12, 2026).
• RSA 275:43 I, IV, IV-b, VI. Weekly and biweekly deadlines, permitted alternatives, temporary weekly requirement, and commission draws. Official statute (accessed July 12, 2026).
• RSA 275:49 I-II. Hiring notice and notice before payment-arrangement changes. Official statute (accessed July 12, 2026).
• RSA 273:11-a I-III(a). Civil penalty and no-warning treatment for late recurring wages. Official statute (accessed July 12, 2026).
• RSA 275:51 I, V. Department investigation and 36-month wage-claim route. Official statute (accessed July 12, 2026).
• RSA 275:52. Misdemeanor for a willful RSA 275:43 violation. Official statute (accessed July 12, 2026).
• RSA 275:53 I-III. Direct action, Commissioner assignment, costs, and attorney fees. Official statute (accessed July 12, 2026).