In New Hampshire, employers must ensure that their employees are able to take the breaks that they are entitled to under New Hampshire Laws. Here is the information that New Hampshire employers need to know regarding New Hampshire Employee Break Laws.
Under New Hampshire Labor Laws, employees are entitled to meal breaks, express milk breaks, and a day of rest (requirement).
Under New Hampshire Meal Break Laws, employees may not work more than 5 consecutive hours without being given a meal or lunch break.
The meal break must last at least thirty minutes. The employee must be free from all duties for the break to be unpaid. If the employer cannot allow thirty minutes, then the employee must be paid while eating and working at the same time.
While employers must still maintain compliance with the Pregnant Workers Fairness Act (PWFA) and the newer PUMP for Nursing Mothers Act (“PUMP Act”) under federal labor laws.
Effective July 1st, 2025 employers are required to comply with New Hampshire House Bill 358 and the associated Policies Relating to Nursing Mothers. These new requirements include providing an unpaid break of 30 minutes for every three hours of work performed by a nursing employee so that they may express milk. The law covers New Hampshire employers with six or more employees.
One of the more unique “break” laws of the state, is the New Hampshire Day of Rest Requirement.
Under this requirement, employees who are required to work on Sundays must be given a 24-hour consecutive rest period at some point in the following six days.
Employers who fail to comply with this requirement may be fined up to $50 for each violation.
There is no law in New Hampshire that requires employers to provide rest breaks to employees.
However, under federal labor laws, all short breaks (rest breaks) offered by employers are to be considered “hours worked” and must be paid. Federal law defines these short breaks as breaks lasting between 5 and 20 minutes long.
Employers need a proper workforce management solution in place to stay compliant with the current employee break laws.
With the proper Scheduling and Human Resource solutions, businesses can ensure their employees are receiving their required breaks and days of rest.
New Hampshire employers seeking help regarding managing employee breaks, meal periods, and schedules should contact a New Hampshire HR Company today. Or, contact us to get connected with a provider.