If you work in New Hampshire and your employer didn’t pay you all of the wages that you are owed for the time that you worked you may be able to file a complaint against that employer for wage theft.
Wage theft is when an employer doesn’t pay you the hours that you worked, keeps your tips, or in any way short-changes you when it comes to getting paid for the total amount of time that you worked. Wage theft is a violation of state and Federal employment law.
New Hampshire Wage Laws
The minimum wage in New Hampshire is the same as the Federal minimum wage, $7.25 per hour. That means unless you work in a tipped position like a restaurant your employer can’t pay you less than $7.25 per hour. Your employer must also pay you for all of the time that you work. If your employer requires that you come in before your scheduled start time or that you stay after your shift ends you must be paid for that time.
Tipped Jobs
The minimum wage for anyone who works in a position where they receive tips like servers and bartenders is a little different. The minimum wage for those workers in tipped positions is $3.26 per hour. But if your tips don’t add up to a wage of $7.25 per hour your employer is legally required to make up the difference. Even if you work in a tipped position, you can’t be paid less than minimum wage.
Overtime
Your employer must pay you at a rate of time and a half for any hours over 40 that you work during a single week. That includes quarter hours and half hours as well. Any time that you work over 40 hours must be paid at a rate of time and a half. If your employer hasn’t been paying you overtime rates for overtime work you may be able to file a claim for wage theft against that employer.
How To File A New Hampshire Wage Theft Claim
Wage theft is very common, and a huge number of New Hampshire workers have been victims of wage theft. If you have been a victim of wage theft by an employer, you can file a claim with the New Hampshire Department of Labor.
You can fill out a complaint online through the New Hampshire Department of Labor’s website. Or, you can print out blank copies of the claim forms and fill them out and send them in. If you have evidence to include with your claim you may want to print the forms so you can send everything in together.
Before you file a claim for wage theft in New Hampshire you should speak with an employment lawyer. An employment attorney that has worked on wage theft cases before can explain to you in detail what wage theft is, help you file your claim, and advise you what evidence you should include with your complaint.
What Do I Need When I File A Claim For Unpaid Wages In New Hampshire?
The evidence that you include with your complaint will help prove your case. You should include any evidence that you have of what you were paid, what you were supposed to be paid, and any response that your employer gave you when you asked questions about your pay. Include things like:
- Your pay stubs
- Your employment contract or employment offer stating your salary
- A copy of the employee handbook that details pay policies and overtime policies
- Copies of your timecards or time logs
- Copies of your schedule
An employment lawyer can go through all of the proof you have and advise you what proof you should include with your complaint.
Speak With A Wage Theft Lawyer Helping Those In New Hampshire
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