New Hampshire Wage Claim Demand Letter

WAGE CLAIM DEMAND LETTER — NEW HAMPSHIRE

TABLE OF CONTENTS

1. Introductory Information and Parties
2. Purpose of This Letter
3. Employment Background and Factual Summary
4. Wages Owed — Itemized Calculation
5. Legal Basis for This Claim
6. Demand for Payment
7. Consequences of Non-Payment
8. New Hampshire Department of Labor Filing Information
9. Reservation of Rights
10. Signature and Verification
11. Notary Acknowledgment
12. Certificate of Service
13. Sources and References

1. INTRODUCTORY INFORMATION AND PARTIES

Date of Letter: [__/__/____]

Letter Reference Number: [________________________________]

CLAIMANT (Employee) Information

RESPONDENT (Employer) Information

Employer Representative / Contact

2. PURPOSE OF THIS LETTER

This letter constitutes a formal written demand for the immediate payment of all wages, compensation, and related amounts owed to the undersigned employee ("Claimant") by the above-named employer ("Respondent") pursuant to the New Hampshire Revised Statutes Annotated ("RSA"), Title XXIII, Chapter 275 (Payment of Wages), and all other applicable state and federal laws.

This demand is made in good faith and is intended to provide the Respondent with a final opportunity to resolve this matter without the necessity of filing a formal wage claim with the New Hampshire Department of Labor or commencing civil litigation in a New Hampshire court of competent jurisdiction.

NOTICE: Failure to respond to this demand within the time period specified herein may result in the Claimant pursuing all available administrative and legal remedies, including but not limited to the recovery of liquidated damages, penalties, costs, and attorney's fees as provided under New Hampshire law.

3. EMPLOYMENT BACKGROUND AND FACTUAL SUMMARY

3.1 Employment Relationship

3.2 Compensation Terms

3.3 Manner of Separation (if employment ended)

3.4 Narrative Summary of Facts

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Provide a detailed description of the circumstances giving rise to this wage claim, including dates, events, communications with the employer regarding payment, and any other relevant facts.)

4. WAGES OWED — ITEMIZED CALCULATION

4.1 Unpaid Regular Wages

4.2 Unpaid Overtime Wages

4.3 Other Unpaid Compensation

4.4 Summary of Total Amounts Owed

4.5 Liquidated Damages and Penalties (if applicable)

Under RSA 275:44, IV, if the employer willfully and without good cause fails to pay wages as required, the employer is additionally liable for liquidated damages in the amount of 10% of the unpaid wages for each day (excluding Sundays and legal holidays) upon which such failure continues after the day payment is due, or an amount equal to the total unpaid wages, whichever is smaller.

| GRAND TOTAL (Principal + Liquidated Damages) | $[________________________________] |

5. LEGAL BASIS FOR THIS CLAIM

5.1 New Hampshire Wage Payment Law (RSA 275:43)

RSA 275:43 requires that every employer doing business in New Hampshire shall pay all wages due to employees on a weekly or biweekly basis. Specifically:

• Wages earned during the week must be paid within eight (8) days after the expiration of the week in which the work was performed, including Sundays.
• With approval from the Commissioner of Labor, employers may pay on a semi-monthly or monthly basis, but the payment must be made within fifteen (15) days of the close of the pay period.
• Payment must be made in lawful money of the United States or by check or direct deposit.

5.2 Final Pay Requirements (RSA 275:44)

New Hampshire has specific final pay timing requirements that depend on the circumstances of separation:

Terminated / Discharged Employees (RSA 275:44, I):
When an employer discharges an employee, the employer must pay all wages due within seventy-two (72) hours after discharge. Payment must be made by delivering the wages to the employee at the employee's place of work or by mailing the wages, at the employee's discretion.

Employees Who Quit with Notice (RSA 275:44, II):
When an employee quits or resigns with at least one pay period's notice, the employer must pay all wages due by the next regular payday.

Employees Who Quit Without Notice (RSA 275:44, II):
When an employee quits or resigns without providing the required notice, the employer must pay all wages due within seventy-two (72) hours.

Laid Off Employees (RSA 275:44, III):
When an employee is laid off or work is suspended due to a labor dispute, the employer must pay all wages earned no later than the next regular payday, either through regular pay channels or by mail if requested by the employee.

5.3 Liquidated Damages for Willful Non-Payment (RSA 275:44, IV)

If an employer willfully and without good cause fails to pay an employee wages as required under RSA 275:44 (I, II, or III), the employer is additionally liable for liquidated damages calculated as follows:

• 10% of the unpaid wages for each day (excluding Sundays and legal holidays) that the failure to pay continues after the date on which payment is required; OR
• An amount equal to the total unpaid wages, whichever is smaller.

This penalty provision provides strong incentive for employers to pay final wages promptly.

5.4 Minimum Wage (RSA 279:21; 29 U.S.C. § 206)

New Hampshire follows the federal minimum wage rate as established by the Fair Labor Standards Act ("FLSA"). The current minimum wage in New Hampshire is $7.25 per hour. New Hampshire law provides that if the state minimum wage is lower than the federal minimum wage, the federal rate governs. New Hampshire does not currently have a state minimum wage rate that exceeds the federal rate.

5.5 Overtime Requirements (29 U.S.C. § 207)

New Hampshire adopts the federal overtime requirements under the FLSA. Unless otherwise exempt, employees must receive overtime compensation at a rate of one and one-half times (1.5x) their regular rate of pay for all hours actually worked in excess of forty (40) hours in any single workweek.

New Hampshire does not impose state-specific overtime requirements beyond those established by the FLSA. However, RSA 279:21 incorporates federal wage and hour standards, including overtime provisions, by reference.

5.6 Penalties and Enforcement (RSA 275:48; RSA 275:51)

RSA 275:48 — Criminal Penalty: Any employer who willfully fails to pay wages as required under RSA 275:43 through 275:44 is guilty of a misdemeanor, punishable by a fine and/or imprisonment as provided under New Hampshire law.

RSA 275:51 — Civil Remedies: An employee may bring a civil action in any court of competent jurisdiction to recover unpaid wages, liquidated damages, costs, and reasonable attorney's fees. The statute of limitations for wage claims is three (3) years from the date of discovery of the violation.

5.7 Federal Law — Fair Labor Standards Act (29 U.S.C. § 201 et seq.)

In addition to state law remedies, the Claimant may also pursue claims under the FLSA for violations of federal minimum wage and overtime requirements. FLSA remedies include:

• Recovery of unpaid minimum wages and/or overtime compensation
• An equal amount in liquidated damages
• Reasonable attorney's fees and costs
• A statute of limitations of two (2) years for non-willful violations and three (3) years for willful violations

6. DEMAND FOR PAYMENT

Based upon the foregoing facts and legal authority, the Claimant hereby makes formal demand upon the Respondent as follows:

6.1 Amount Demanded

The Claimant demands payment of $[________________________________], representing:

6.2 Deadline for Payment

The Respondent must deliver full payment to the Claimant on or before:

[__/__/____] (no later than [____] calendar days from the date of this letter)

6.3 Method of Payment

Payment shall be made by one of the following methods:

☐ Certified check or cashier's check made payable to: [________________________________]

☐ Wire transfer to the account designated by the Claimant

☐ Other agreed-upon method: [________________________________]

6.4 Delivery of Payment

Payment shall be delivered to:

[________________________________]
[________________________________]
[________________________________]

7. CONSEQUENCES OF NON-PAYMENT

If the Respondent fails to remit full payment by the deadline stated above, the Claimant intends to pursue one or more of the following remedies:

7.1 Administrative Complaint with the NH Department of Labor

The Claimant will file a formal wage claim with the New Hampshire Department of Labor, Inspection Division, which has authority to investigate wage claims, conduct hearings, and order the payment of unpaid wages. The Department may also assess penalties against the employer for violations of RSA 275.

7.2 Civil Lawsuit

The Claimant may commence a civil action in the appropriate New Hampshire court (District Court or Superior Court, depending on the amount in controversy) to recover:

• All unpaid wages
• Liquidated damages under RSA 275:44, IV (up to 10% per day or the amount of unpaid wages, whichever is less)
• Pre-judgment and post-judgment interest
• Court costs and filing fees
• Reasonable attorney's fees

7.3 Criminal Referral

The willful failure to pay wages in violation of RSA 275:43 through 275:44 constitutes a misdemeanor under RSA 275:48. The Claimant may refer this matter to the appropriate law enforcement authority or the New Hampshire Attorney General's office for criminal investigation and prosecution.

7.4 Federal Claims

The Claimant reserves the right to file a complaint with the United States Department of Labor, Wage and Hour Division, and/or to bring a federal lawsuit under the FLSA, 29 U.S.C. § 216(b), seeking unpaid wages, equal liquidated damages, attorney's fees, and costs.

8. NEW HAMPSHIRE DEPARTMENT OF LABOR FILING INFORMATION

Should this matter not be resolved through this demand letter, the Claimant may file a wage claim with the New Hampshire Department of Labor. The following information is provided for reference:

8.1 Agency Information

8.2 Filing Procedures

☐ Claims may be filed online through the NH DOL website

☐ Claims may also be filed by mail or fax using the Department's wage claim form

☐ Claims must be filed within three (3) years of the date of discovery of the violation

☐ There is no filing fee to submit a wage claim

☐ The Department will conduct an investigation and may schedule a hearing

☐ Decisions are subject to appellate review by the New Hampshire Superior Court

8.3 Required Documentation for Filing

When filing a wage claim, claimants should be prepared to provide:

☐ Completed wage claim form (available online or by request)

☐ Copies of pay stubs or wage statements

☐ Records of hours worked (timesheets, logs, calendars, etc.)

☐ Employment contract or offer letter (if available)

☐ Any written communications with the employer regarding wages

☐ W-2 forms or 1099 forms (if available)

☐ Evidence of the employer's failure or refusal to pay

9. RESERVATION OF RIGHTS

The Claimant expressly reserves all rights, claims, and remedies available under federal, state, and local law, including but not limited to claims for:

☐ Unpaid wages under RSA 275:43 et seq.

☐ Liquidated damages under RSA 275:44, IV

☐ Criminal penalties under RSA 275:48

☐ FLSA claims under 29 U.S.C. § 201 et seq.

☐ Breach of employment contract

☐ Unjust enrichment / quantum meruit

☐ Bad faith and unfair dealing

☐ Any other applicable claims

Nothing in this letter shall be construed as a waiver of any of the Claimant's rights or as a limitation on the amount of damages that may be sought in any subsequent proceeding. The amounts set forth herein represent the Claimant's current calculation of amounts owed and may be revised upon further investigation or discovery.

This letter is sent without prejudice to any and all rights of the Claimant.

10. SIGNATURE AND VERIFICATION

I, the undersigned, hereby declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and belief.

Claimant Signature:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Attorney for Claimant (if represented):

Attorney Name: [________________________________]

Bar Number: [________________________________]

Law Firm: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Signature: _______________________________________________

Date: [__/__/____]

11. NOTARY ACKNOWLEDGMENT

STATE OF NEW HAMPSHIRE
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: _______________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Wage Claim Demand Letter, together with all attachments and exhibits, was served upon the Respondent by the following method(s):

☐ Certified Mail, Return Receipt Requested
Tracking Number: [________________________________]
Address: [________________________________]

☐ USPS First-Class Mail
Address: [________________________________]

☐ Personal / Hand Delivery
Delivered by: [________________________________]
Date and Time of Delivery: [________________________________]

☐ Email Transmission
Email Address: [________________________________]
Date and Time Sent: [________________________________]

☐ Facsimile Transmission
Fax Number: [________________________________]
Date and Time Sent: [________________________________]
Confirmation Number: [________________________________]

☐ Commercial Courier / Overnight Delivery
Carrier: [________________________________]
Tracking Number: [________________________________]

Signed: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

13. SOURCES AND REFERENCES

New Hampshire Statutes

• RSA 275:43 — Weekly or Biweekly Payment of Wages
  https://gc.nh.gov/rsa/html/XXIII/275/275-43.htm

• RSA 275:43-b — Salaried Employee Definitions
  https://gc.nh.gov/rsa/html/XXIII/275/275-43-b.htm

• RSA 275:44 — Employees Separated From Payroll Before Pay Days (Final Pay Requirements)
  https://gc.nh.gov/rsa/html/XXIII/275/275-44.htm

• RSA 275:48 — Criminal Penalty for Willful Failure to Pay
  https://gc.nh.gov/rsa/html/XXIII/275/275-48.htm

• RSA 275:51 — Actions for Unpaid Wages
  https://gc.nh.gov/rsa/html/XXIII/275/275-51.htm

• RSA 279:21 — Minimum Wage (Federal Adoption)
  https://gc.nh.gov/rsa/html/XXIII/279/279-21.htm

Federal Statutes

• Fair Labor Standards Act (FLSA) — 29 U.S.C. § 201 et seq.
  https://www.dol.gov/agencies/whd/flsa

Agency Resources

• New Hampshire Department of Labor — Wage and Hour Division
  https://www.dol.nh.gov/inspections/wage-and-hour/protective-legislation

• NH DOL Online Wage Claim Filing
  https://www.dol.nh.gov/online-forms/file-online-wage-claim

• NH DOL Wage Complaint Reporting
  https://www.dol.nh.gov/online-forms/report-wage-complaint

• U.S. Department of Labor — Wage and Hour Division
  https://www.dol.gov/agencies/whd

This document was prepared for use by employees and legal practitioners in the State of New Hampshire. It is intended as a demand letter template and does not constitute legal advice. Consult with a licensed New Hampshire attorney before sending this letter or taking any legal action.

Template last updated: 2026-02-22