WAGE AND HOUR DEMAND LETTER
New Hampshire Wage and Hour Laws and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, New Hampshire ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New Hampshire Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and New Hampshire Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and New Hampshire Revised Statutes Annotated Chapters 275 and 279.
Please direct all further communications regarding this matter to our office.
I. NEW HAMPSHIRE-SPECIFIC LEGAL FRAMEWORK
A. New Hampshire Minimum Wage
New Hampshire's minimum wage is the federal minimum wage of $7.25 per hour. N.H. Rev. Stat. Ann. Section 279:21. New Hampshire repealed its state minimum wage in 2011, deferring to the federal rate.
New Hampshire allows a tip credit of up to 55% of the minimum wage ($3.99/hour), meaning tipped employees must receive a cash wage of at least $3.26 per hour plus tips equaling the minimum wage. N.H. Rev. Stat. Ann. Section 279:21.
B. Overtime Requirements
New Hampshire follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. N.H. Rev. Stat. Ann. Section 279:21-VIII. New Hampshire does not require daily overtime.
C. Meal and Rest Break Requirements
New Hampshire requires:
- Meal Breaks: A 30-minute meal break must be provided after 5 consecutive hours of work unless the employer allows the employee to eat while working and such eating time is counted as paid time. N.H. Rev. Stat. Ann. Section 275:30-a.
New Hampshire does not mandate paid rest breaks beyond the meal break requirement.
D. Wage Payment Requirements
Under New Hampshire law:
- Regular Pay Periods: Wages must be paid within 8 days after the expiration of the wage period (for weekly pay) or within 15 days for other pay periods. N.H. Rev. Stat. Ann. Section 275:43.
- Termination - Discharge: All wages due must be paid within 72 hours of discharge. N.H. Rev. Stat. Ann. Section 275:44.
- Termination - Resignation: Wages are due on the next regular payday. N.H. Rev. Stat. Ann. Section 275:44.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| New Hampshire wage claims | 3 years | N.H. Rev. Stat. Ann. Section 508:4 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
New Hampshire Penalties:
- An employer who violates the wage payment law is liable for the unpaid wages plus liquidated damages equal to 10% of the wages due for each day the employer is in violation, up to the full amount of wages due. N.H. Rev. Stat. Ann. Section 275:44-IV.
- This can result in up to double the unpaid wages as liquidated damages.
G. Attorney's Fees
Both the FLSA and New Hampshire law provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); N.H. Rev. Stat. Ann. Section 275:53.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and New Hampshire wage and hour laws by:
- [ ] Failing to pay the minimum wage required under federal/state law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Failing to provide required 30-minute meal breaks under N.H. Rev. Stat. Ann. Section 275:30-a
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due within 72 hours of discharge
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. New Hampshire Wage Violations
[Company Short Name] violated New Hampshire wage laws by [describe violation].
C. New Hampshire Meal Break Violations
New Hampshire law requires a 30-minute meal break after 5 consecutive hours of work. N.H. Rev. Stat. Ann. Section 275:30-a. [Company Short Name] violated this requirement by [describe violation].
D. New Hampshire Wage Payment Violations
[Company Short Name] violated New Hampshire wage payment laws by:
- [ ] Failing to pay wages within 72 hours of discharge. N.H. Rev. Stat. Ann. Section 275:44.
- [ ] Failing to pay wages within the required time period after the wage period. N.H. Rev. Stat. Ann. Section 275:43.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Missed Meal Breaks | [X breaks] x [30 min] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages: $[Amount]
C. New Hampshire Liquidated Damages
10% per day up to the amount of unpaid wages (N.H. Rev. Stat. Ann. Section 275:44-IV): $[Amount]
D. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages | $[Amount] |
| New Hampshire Liquidated Damages | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate New Hampshire Superior Court or United States District Court for the District of New Hampshire.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and New Hampshire Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[New Hampshire Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)