New Hampshire tip laws (2026)
New Hampshire employers can pay tipped workers $3.27 an hour in cash if tips bring them up to the $7.25 minimum wage. The worker must get more than $30 a month in tips directly from customers. Tip pools must be voluntary: employers can help run one but cannot require or coerce it.
New Hampshire at a glance
Tip credit allowedNew Hampshire: $7.25 an hour minimum wage. Tipped staff can be paid $3.27 cash, with up to $3.98 counted from tips.
| State minimum wage | $7.25/hr | Statewide from .[1] |
|---|---|---|
| Tipped cash wage | $3.27 | Plus up to $3.98 in tips = $7.25.[1] |
| Max tip credit | $3.98 | Counted from tips.[1] |
| Tip pooling | Allowed | Voluntary pools only.[2] |
| Card-fee deduction | Unsettled | No New Hampshire law found. The federal actual-fee rule applies. See what we found[3] |
| Card tip payout | Tips are state wages subject to designated weekly or biweekly paydays; federally covered charged tips cannot wait for card-company reimbursement.[4][2][5] | |
| Local minimum wages | None | None on file.[6] |
Rates verified against the New Hampshire Department of Labor on . Rates as of . Tipped totals are worked out from the rates above. Download this data (CSV)
02The yes/no sheet
Can you do this in New Hampshire?
In New Hampshire you can take a tip credit of up to $3.98 an hour and can't require a tip pool. Each answer below carries its condition and an official source.
| Number | Can you… | Answer | The condition |
|---|---|---|---|
| 01 | Take a tip credit against minimum wage? | Yes | Pay at least $3.27 cash and count up to $3.98 in tips. Tips must cover the gap.[1] |
| 02 | Make staff join a tip pool? | No | Pools have to be voluntary.[2] |
| 03 | Include bartenders, bussers, runners and hosts? | Depends | Bartender, busser, food runner and host: only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| 04 | Include cooks and dishwashers? | Depends | Employees may voluntarily share with other job categories that helped provide customer service; federal credit/non-credit pool restrictions still apply where covered.[2][4] |
| 05 | Give managers or supervisors a share? | No | Federal rule for covered employment: no manager/supervisor may receive employees’ pooled tips; directly and solely provided personal service is separate.[4] |
| 06 | Let an owner keep any of the tips? | No | Federally covered employers cannot keep employees' tips. Active owners with a 20% equity stake count as managers.[4] |
| 07 | Pick your own split (hours, points or percentages)? | Depends | No fixed numerical state cap located; the employer cannot require or coerce a contribution.[2] |
| 08 | Take card processing fees out of tips? | Unsettled | No New Hampshire law found. The federal actual-fee rule applies. See what we found[3] |
| 09 | Hold card tips until payday? | Deadline | Tips are state wages subject to designated weekly or biweekly paydays; federally covered charged tips cannot wait for card-company reimbursement.[4][2][5] |
| 10 | Cover walkouts, breakage or register shortages from tips? | No | Not from tips.[3][4] |
| 11 | Keep a mandatory service charge for the house? | Federal rule | A charge added as a gratuity for service can be a tip that belongs to employees. Meals-tax rules don't decide who owns every service charge.[6][2] |
| 12 | Pay tips on a payroll card? | Depends | With the worker's consent. Offer another way to get paid too.[5] |
03State vs federal
New Hampshire vs federal law
New Hampshire sets a stricter rule than federal law on 2 of the 10 rules below. Where the two differ, the rule that is better for the worker applies.
| Rule | Federal (FLSA) | New Hampshire | Comparison |
|---|---|---|---|
| Minimum wageSame as federal | Federal$7.25[4] | New Hampshire$7.25[1] | Same as federal |
| Tipped cash wageStricter | Federal$2.13[4] | New Hampshire$3.27[1] | Stricter |
| Max tip creditStricter | Federal$5.12[4] | New Hampshire$3.98[1] | Stricter |
| Who counts as tippedState rule | FederalMore than $30 a month in tips, customarily and regularly received in the occupation.[4] | New HampshireMore than $30 a month in tips directly from customers.[7] | State rule |
| Managers in the poolFederal applies | FederalManagers/supervisors meeting the executive duties test cannot keep employees’ tips or receive from pools; they may keep only tips received directly for services they directly and solely provide. No salary-level test is used for this tip restriction.[4] | New HampshireFederal rule for covered employment: no manager/supervisor may receive employees’ pooled tips; directly and solely provided personal service is separate.[4] | Federal applies |
| Kitchen in the poolState rule | FederalCooks and dishwashers may join a nontraditional mandatory pool only when all workers receive a direct cash wage of at least the full federal minimum wage and no tip credit is taken; employer/managers/supervisors remain excluded. State law may be stricter.[4] | New HampshireEmployees may voluntarily share with other job categories that helped provide customer service; federal credit/non-credit pool restrictions still apply where covered.[2][4] | State rule |
| Card fees from tipsState rule | FederalOnly the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[4] | New HampshireUnsettled. No New Hampshire law found. The federal actual-fee rule applies. See what we found[3] | State rule |
| Card tip payoutState rule | FederalCharged tips due by regular payday, without waiting for processor reimbursement. Employer-administered pools fully distributed by regular payday for the workweek/pay period; if the amount/distribution cannot be determined before payroll, distribute as soon as practicable afterward.[4] | New HampshireTips are state wages subject to designated weekly or biweekly paydays; federally covered charged tips cannot wait for card-company reimbursement.[4][2][5] | State rule |
| Mandatory service chargesState rule | FederalA compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[4] | New HampshireA charge added as a gratuity for service can be a tip that belongs to employees. Meals-tax rules don't decide who owns every service charge.[6][2] | State rule |
| Overtime for tipped staffState rule | FederalFor covered nonexempt employees, overtime generally begins after 40 hours in a workweek. Use the full regular rate, at least the full federal minimum wage, not $2.13; the hourly tip credit is not increased for overtime. Voluntary tips above the tip credit are excluded; distributed service charges enter the regular rate.[4] | New HampshireState-covered employees get 1.5 times regular pay after 40 hours. FLSA-covered employers follow the federal overtime and tip-credit rules instead.[7] | State rule |
Every state starts from the same federal floor. Federal tip law baseline: the FLSA rules, rates and sources, and how New Hampshire fits among the four tip credit classes.
04Wages
Minimum wage and the tip credit in New Hampshire
In New Hampshire employers can pay tipped staff $3.27 an hour and count up to $3.98 in tips toward the $7.25 minimum. If tips fall short, the employer makes up the difference.[1]
One server, one slow 30-hour week in New Hampshire
A busy week with $119.40 or more in tips needs no top-up. Every tip above that is the server's. Fictional worker and tips.
- Tip credit conditions
- Cash wage of at least 45% of the minimum, more than $30 a month in direct tips, and employer makeup of shortfalls each pay period.[7]
- Who counts as tipped
- More than $30 a month in tips directly from customers.[7]
- Overtime
- State-covered employees get 1.5 times regular pay after 40 hours. FLSA-covered employers follow the federal overtime and tip-credit rules instead.[7]
- Side work and dual jobs
- Duties that don't regularly earn direct customer tips get the full minimum wage, except incidental duties usually assigned to tipped staff.[3]
Other rates
| Rate | Hourly |
|---|---|
| Youth or training Less than six months occupational experienceEmployer applies within ten days after hire; federal coverage may require a higher rate. Rate set by formula: 75% of applicable statutory minimum wage.[7] | $5.44* |
| Youth or training Age sixteen or youngerEmployer retains age evidence; federal coverage may require a higher rate. Rate set by formula: 75% of applicable statutory minimum wage.[7] | $5.44* |
* Worked out by Ferry from the formula, using the $7.25 state minimum wage. Not an official figure.
Scheduled increases
No statewide increase with a published amount is on file as of .
05Local rates
City and county minimum wages in New Hampshire
No city or county minimum wages above the $7.25 state rate are on file for New Hampshire.[6]
06Tip pool
Who can be in the tip pool in New Hampshire
New Hampshire allows tip pools, but only voluntary ones. Owners, managers and supervisors can't share in them. A tip pool collects tips and splits them among staff; a tip-out is one worker handing part of their tips to others.
| Role | Can share? | Condition |
|---|---|---|
| Front of house | ||
| Server | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Bartender | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Busser | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Food runner | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Host | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Barback | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Expo | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Back of house | ||
| Cook | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Dishwasher | Depends | Only by voluntary employee agreement, for staff who helped serve customers, within federal tip-credit pool limits.[2][4] |
| Leadership | ||
| Shift lead | Depends | Voluntary sharing only. Functional managers can't receive others' tips under federal law. Other leads depend on actual duties.[2][4] |
| Manager or supervisor | Not allowed | Federal covered employers: no receipt of employees’ pooled tips.[4] |
| Owner | Not allowed | Federal covered employers: no receipt of employees’ pooled tips.[4] |
- Managers and supervisors
- Federal rule for covered employment: no manager/supervisor may receive employees’ pooled tips; directly and solely provided personal service is separate.[4]
- Owners
- Federally covered employers cannot keep employees' tips. Active owners with a 20% equity stake count as managers.[4]
- Back of house
- Employees may voluntarily share with other job categories that helped provide customer service; federal credit/non-credit pool restrictions still apply where covered.[2][4]
- Who sets the percentages
- Participating employees agree voluntarily; employers may suggest reasonable/customary practices and administer but cannot require or coerce.[2]
- Cap on what a pool can take
- No fixed numerical state cap located; the employer cannot require or coerce a contribution.[2]
- Pooling allowed
- Yes.[2]
07Put it to work
Setting up a tip pool in New Hampshire
Under New Hampshire rules, 6 of the 10 staff in this example can share a $1,200 pool. The table splits the same pool by percentage, by points and by hours.
| Who | By % | By points | By hours |
|---|---|---|---|
| Maya | $268.29 | $250.00 | $211.78 |
| Jordan | $268.29 | $250.00 | $211.76 |
| Priya | $268.29 | $250.00 | $211.76 |
| Sam | $175.61 | $200.00 | $211.76 |
| Luis | $109.76 | $125.00 | $176.47 |
| Ava | $109.76 | $125.00 | $176.47 |
| Theo | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Kim | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Rafa | Not in the pool. Out here: this pool includes servers paid with a tip credit. | ||
| Dana | Not in the pool. Federal covered employers: no receipt of employees’ pooled tips. | ||
| Total | $1,200.00 | $1,200.00 | $1,200.00 |
Fictional restaurant and staff. The guest-facing staff here are assumed to meet New Hampshire's condition for sharing (see who can be in the tip pool, above). Percentages and point weights are examples, not a recommendation. Shares are rounded to the cent, and any leftover cent goes to the first server. Run your own numbers in the tip pooling calculator.
Ferry Tip Manager: support pool split by hours
Servers and bartenders pay into the support pool, and Tip Manager splits it by hours worked. Each person sees their share, with no spreadsheet at close.
Who it's for Full-service restaurants that tip out bussers, runners and bar backs
Unusual rule
Tip pools are voluntary in New Hampshire
Employees decide whether to pool. The employer can help run the pool but cannot make it mandatory.[2][3]
The employer can
- Suggest reasonable or customary pooling practices
- Administer the pool
- Document the practice employees agree to
- Mediate disputes
The employer can't
- Require anyone to join
- Coerce a contribution
- Divert tips to cover breakage, walkouts or register shortages
08Service charges
Service charges vs tips in New Hampshire
New Hampshire has no service charge rule of its own. Under federal law a mandatory service charge is not a tip, and any part paid to staff counts as wages.
| Question | OptionalTip | MandatoryService charge |
|---|---|---|
| Who sets the amount | The guest | The business |
| Who it belongs to | The worker it was left for, or the pool | A charge added as a gratuity for service can be a tip that belongs to employees. Meals-tax rules don't decide who owns every service charge.[6][2] |
| Can it go to staff? | Yes, through the pool | Yes. Amounts paid to staff are wages, not tips.[4] |
| How it's taxed (federal) | Tip income the worker reports | Regular wages, with payroll taxes[8][9] |
| Guest notice | None needed | No state rule. Federal law sets no menu or receipt notice rule.[6] |
- Step 1Did the guest choose whether to pay it, and how much?YesIt's a tip. It belongs to staff.NoIt's a mandatory charge. Go to step 2.
- Step 2What does New Hampshire say?Federal ruleA charge added as a gratuity for service can be a tip that belongs to employees. Meals-tax rules don't decide who owns every service charge.[6][2]
- Step 3Check the cityNo city service charge rules on file for New Hampshire.
- Menu and receipt notice
- No state rule. Federal law sets no menu or receipt notice rule.[6]
- Large-party auto gratuities
- Amounts added to the bill as a gratuity count as tips (RSA 279:1(XII)). A separate meals-tax exclusion depends on paying them to service staff.[6][10]
Local service charge rules
No local service charge rules on file for New Hampshire.
More on the difference: service charge vs tip.
09Card tips
Card tips in New Hampshire: fees and payout timing
In New Hampshire whether card fees can come out of tips depends on the conditions below. Payout deadline: tips are state wages subject to designated weekly or biweekly paydays; federally covered charged tips cannot wait for card-company reimbursement.
No New Hampshire law found. The federal actual-fee rule applies. See what we found
When card tips have to land
- TonightGuest adds a tip On the card, at the table.
- CloseShift is tallied The pool is split by your rules.
- DeadlineNew Hampshire rule Tips are state wages subject to designated weekly or biweekly paydays; federally covered charged tips cannot wait for card-company reimbursement.[4][2][5]
- Last dayFinal pay Fired: within 72 hours. Quit: next payday, or 72 hours if the worker gave a pay period's notice. Laid off or suspended: next payday.[5]
Paydays: Weekly, within 8 days after the workweek ends, or every two weeks within 15 days. Paying less often needs statutory authorization.[5]
Paying tips on a payroll card
- Allowed?Depends
- Worker consent needed?Yes
- Free way to get the money?State ruleAt least one free withdrawal of up to full balance each pay period at a convenient location; employer card costs cannot pass to employees.[5]
- Must you offer another option?Yes
- Holding cash tipsState ruleTips are wages subject to state payday deadlines; no additional cash-only deadline found.[5]
- Tips shown on the pay stubNo (federal)No state rule. Federal rule applies: no. FLSA does not require pay stubs; state laws and employer records are separate.[11][6]
Ferry Pay: each tip share, paid out digitally
Each person's direct tips, tip outs and payable amount in one view, then paid through Ferry Pay. No cash to keep on hand for payouts. Eligibility and fees apply.
Who it's for Operators who want to stop the nightly cash run
“Since launching this card program, we've reduced our cash-carrying costs by over 66 percent”
Unsettled
Card fees on tips in New Hampshire: what we found
We found no New Hampshire law on taking card fees out of tips, so the federal rule sets the limit.[4]
The federal rule that applies (DOL Fact Sheet #15)
- Only the actual card processing fee on the tip can come out.
- The deduction can't drop the worker's pay below the minimum wage.
- Card tips are paid by the next regular payday.[4]
What guides say online (unverified)
WorkforceHubHR guide The law does not restrict employers from deducting credit card processing fees from employee tips.
Says New Hampshire law doesn't limit card-fee deductions, so the federal rule is the limit.
workforcehub.com/hr-laws-and-regulations/new-hamps…Blue LionPayroll guide New Hampshire tip laws do not explicitly address the matter of credit card tips.
Says the state statute is silent on card tips.
bluelionllc.com/new-hampshire-tip-laws/
These are third-party guides and pages we read online on November 5, 2026. They aren't legal advice and we haven't checked them against the statute. Ask the state labor office before you rely on them.
10Records
Records and notices in New Hampshire
Keep each tipped worker's tips and hours on record, shift by shift. New Hampshire: keep state wage and hour records for 3 years.
New Hampshire State
- Tip records Keep accurate hours, wages and classification records. Give a wage-deduction statement in each pay period with a deduction.[6][5]
- How long to keep them Keep state wage and hour records for 3 years.[6]
- Tip credit notice Required. Federal covered employers disclose cash wage, credit amount, actual-tip limit, retention/pool rules and notice before credit.[4]
- Posters and forms New Hampshire statutory minimum wage poster; Wage-payment law abstract.[6][5]
Everywhere Federal
- Tip records Maintain employee identity, time and pay records. Tip-credit employers additionally retain tipped employee, reported tips, credit amounts and hours/earnings by tipped and nontipped occupation. No-tip-credit employers operating mandatory pools record each recipient and weekly/monthly tips. IRS daily records/reporting are separate obligations.[4]
- How long to keep them FLSA: payroll records at least three years; underlying wage-computation records two years. Tax retention is separate.[12]
- Tip credit notice Oral or written notice must state cash wage; tip credit amount; credit cannot exceed actual tips; employee retains tips except valid traditional pool; credit unavailable until informed. Traditional pool contribution amounts also disclosed.[4]
- A written pool policy Good practice, not a federal rule: who's in, how it splits, when it pays. Share it with staff. How to write one.
Think your tips were handled wrong in New Hampshire?
Workers in New Hampshire can file a tip or wage claim with the New Hampshire Department of Labor (603-271-3176). Filing is free, and this page can't settle a dispute; the state can.[13]
- Phone
- 603-271-3176[13]
- Website
- dol.nh.gov
Retaliation: RSA 275-E:2 protects good-faith reports/refusals concerning legal violations. Federal FLSA retaliation protection applies even where employer/work is not FLSA-covered.[14][15]
Penalties: Late final wages can add 10% per qualifying late day, capped at the unpaid amount (RSA 275:44(IV)). RSA 279:28 adds criminal penalties.[5][6]
Can they take this out of my tips?
- Walkouts and dine-and-dashNot allowedNo tip diversion for employer-benefit losses/costs; statutory permitted deductions are separate.[3]
- BreakageNot allowedNo tip diversion for employer-benefit losses/costs; statutory permitted deductions are separate.[3]
- Register shortagesNot allowedNo tip diversion for employer-benefit losses/costs; statutory permitted deductions are separate.[3]
- UniformsNot allowedRequired uniforms must be provided at no cost.[3]
- A manager's shareNot allowedFederal covered employers cannot retain employees’ tips.[4]
11Law changes
What changed in New Hampshire tip law, and what's coming
No statewide increase with a published amount is on file for New Hampshire as of .
No changes to New Hampshire tip or wage rules on file for the last 24 months.
Bills and ballot measures
- SB 416 (2026) Passed the Senate with amendment. Sent to House interim study. Not enacted.
Would replace the voluntary-pool rules with federal-style pooling rules. The House text also adds customer notice and role limits.
Key statutes
- RSA 279:1, 279:21, 279:26-b, 279:27–29
- RSA 275:43, 275:44, 275:48–53
- Lab 803.01–803.03
- RSA 78-A:6-a
12FAQ
New Hampshire tip law questions
Plain answers to the 8 questions restaurant owners and staff ask most about New Hampshire tip law, each linked to its source.
What is New Hampshire's tipped minimum wage?
Who counts as a tipped employee?
A worker who gets more than $30 a month in tips directly from customers.[7]
Can an employer require a tip pool?
No. Current New Hampshire law makes pooling voluntary. The employer cannot require or coerce participation.[2]
Can the employer run the pool?
Yes. The employer can suggest customary practices, document what employees agree to and mediate disputes. It still cannot make anyone join.[2]
Can servers share tips with kitchen staff?
Does an added gratuity count as a tip?
Yes. The state tip definition includes amounts added to a customer's bill as a gratuity for service.[6]
Do workers have to accept a payroll card?
No. Payroll-card pay needs voluntary written consent, and the employer must offer the statutory check option.[5]
Did SB 416 change the pooling law?
No. The Senate passed it, but the House sent it to interim study. The voluntary-pooling statute still applies.[16]
13Compare
How New Hampshire compares with nearby states
New Hampshire borders Massachusetts, Maine and Vermont. Massachusetts, Maine and Vermont pay a higher minimum wage than New Hampshire's $7.25. Running locations on both sides of a line? Each one follows its own state's rules.
Neighboring states
States with the same rules
Same tip credit class as New Hampshire: Tip credit, cash wage above federal.
- New Mexico tip laws$12.00 min wage $3.00 tipped cash wage Also a tip credit with a cash wage above $2.13
- North Dakota tip laws$7.25 min wage $4.86 tipped cash wage Also a tip credit with a cash wage above $2.13
- Michigan tip laws$13.73 min wage $5.49 tipped cash wage Also a tip credit with a cash wage above $2.13, and voluntary pools only
- Idaho tip laws$7.25 min wage $3.35 tipped cash wage Also a tip credit with a cash wage above $2.13
- Maryland tip laws$15.00 min wage $3.63 tipped cash wage Also a tip credit with a cash wage above $2.13
- Pennsylvania tip laws$7.25 min wage $2.83 tipped cash wage Also a tip credit with a cash wage above $2.13
The law decides who's in. Ferry runs the split.
See how operators set pool rules in Ferry Tip Manager and pay tips out without a cash run. Bring your own New Hampshire setup.
14Sources
Sources for New Hampshire tip laws
Every figure on this page links to one of these 17 sources: 13 for New Hampshire and 4 for the federal baseline. They are statutes, regulations and government agency pages, each with the date it was checked.
- 1State Tipped Minimum Wage TableU.S. Department of Labor · Official source · Page updated · Checked Pinpoint: New Hampshire rowwww.dol.gov/agencies/whd/state/minimum-wage/tipped
What the source says
“New Hampshire $7.25 $3.98 $3.27 More than $30”
- 2RSA 279:26-b Tip Pooling and SharingNew Hampshire General Court · Official source · Checked Pinpoint: 279:26-b(I); 279:26-b(III); 279:26-b(II)gc.nh.gov/rsa/html/XXIII/279/279-26-b.htm
What the source says
“unless the employee voluntarily and without coercion from his or her employer agrees to participate in a tip pooling or tip sharing arrangement.”
“Nothing shall preclude employee participants in a tip pool from agreeing, voluntarily and without coercion from the employer, to provide a portion of the common pool to other employees, regardless of job category, who participated in providing service to customers.”
“provided that the employer does not require or coerce employees to participate in the tip pooling or tip sharing arrangement.”
- 3Lab 800 Payment of WagesNew Hampshire Department of Labor via General Court · Official source · Checked Pinpoint: Lab 803.02(g); Lab 803.02(f); Lab 803.02(e)gc.nh.gov/rules/state_agencies/lab800.html
What the source says
“This prohibition shall not apply to duties that are incidental to the regular duties of the tipped employee and generally assigned to the tipped employees.”
“no employer shall withhold, divert, or make use of tips for any purpose not specifically allowed by RSA 275:48 I.”
“unless the employer provides each employee with uniforms at no cost whatsoever to the employee.”
- 4Fact Sheet 15 Federal Tipped EmployeesU.S. Department of Labor · Official source · Checked Pinpoint: Employers, Including Managers and Supervisors; Credit Cards; Notice to Tipped Employeeswww.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
What the source says
“Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool.”
“Under federal law, the amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.”
“Employers must provide the following information to tipped employees before taking a tip credit under the FLSA:”
- 5RSA 275 Protective LegislationNew Hampshire General Court · Official source · Page updated 2026 · Checked Pinpoint: 275:43(I); 275:44(I); RSA 275:43I; tips are wages under 279:26-bIgc.nh.gov/rsa/html/XXIII/275/275-mrg.htm
What the source says
“within 8 days after the expiration of the work week if the employee is paid on a weekly basis, or within 15 days after the expiration of the work week if the employee is paid on a biweekly basis,”
“Whenever an employer discharges an employee, the employer shall pay the employee's wages in full within 72 hours.”
“Every employer shall pay all wages due to employees”
- 6RSA 279 Minimum Wage LawNew Hampshire General Court · Official source · Page updated · Checked Pinpoint: 279:1(XII); 279:27gc.nh.gov/rsa/html/XXIII/279/279-mrg.htm
What the source says
“Tip Pooling and Sharing.”
“or added as a gratuity to a customer's bill, in recognition of service performed.”
“Every employer of employees shall keep a true and accurate record of the hours worked by each, wages paid to each, and classification of employment when necessary,”
- 7RSA 279:21 Minimum Hourly RateNew Hampshire General Court · Official source · Checked Pinpoint: RSA 279:21 introductory paragraph; RSA 279:21VIII and VIII(b)gc.nh.gov/rsa/html/XXIII/279/279-21.htm
What the source says
“a base rate from the employer of not less than 45 percent of the applicable minimum wage.”
“customarily and regularly receive more than $30 a month in tips directly from the customers”
“Those employees covered by the introductory paragraph of this section, with the following exceptions, shall, in addition to their regular compensation, be paid at the rate of time and one-half for all time worked in excess of 40 hours in any one week:”
- 8Tip recordkeeping and reportingInternal Revenue Service · Official source · Checked Pinpoint: Service charges are not tips, paragraph 2; qualified tips deduction, net-income limit; tip income, Social Security/Medicarewww.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting
What the source says
“Service charges (also referred to as “auto-gratuities”), when distributed to an employee, are generally treated as wages paid by the employer to the employee rather than tips paid by the customer.”
“For self-employed individuals, the deduction may not exceed the individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.”
“These amounts are subject to federal income tax and generally are also subject to Social Security and Medicare taxes.”
- 9Revenue Ruling 2012-18Internal Revenue Service · Official source · Page updated 2012 · Checked Pinpoint: Q 1/A 1, four distinguishing factors; p. 1, ruling headingwww.irs.gov/pub/irs-drop/rr-12-18.pdf
What the source says
“compulsion; (2) the customer must have the unrestricted right to determine the amount; (3) the payment should not be the subject of negotiation or dictated by employer policy; and (4) generally, the customer has the right to determine who receives the payment.”
“Rev. Rul. 2012-18”
- 10RSA 78-A:6-a Gratuity Charges Tax ExceptionNew Hampshire General Court · Official source · Checked Pinpoint: 78-A:6-a(I)(b); RSA 78-A:6-agc.nh.gov/rsa/html/V/78-A/78-A-6-a.htm
What the source says
“The gratuity is paid to the service personnel providing the service for which the gratuity is charged;”
“Gratuity charges added to the charge for a taxable meal or taxable room shall not be taxed under this chapter if:”
- 11Questions and Answers About the FLSA, DOL WHDU.S. Department of Labor · Official source · Checked Pinpoint: Recordkeeping and Notices, Are pay stubs required?www.dol.gov/agencies/whd/flsa/faq
What the source says
“However, the FLSA does not require an employer to provide employees pay stubs.”
- 12Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Posting, paragraph 1www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
What the source says
“Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records.”
“Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243).”
“Records on which wage computations are based should be retained for two years,”
- 13State Labor OfficesU.S. Department of Labor · Official source · Checked Pinpoint: New Hampshire agency entrywww.dol.gov/agencies/whd/state/contacts
What the source says
“Department of Labor 95 Pleasant St Concord, NH 03301 603-271-3176 dol.nh.gov”
- 14Fact Sheet 77A Federal RetaliationU.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Prohibitions, 15(a)(3)www.dol.gov/agencies/whd/fact-sheets/77a-flsa-prohibiting-retaliation
What the source says
“discharge or in any other manner discriminate against any employee because such employee has filed any complaint”
- 15RSA 275-E:2 Protection of Employees Reporting ViolationsNew Hampshire General Court · Official source · Checked gc.nh.gov/rsa/html/XXIII/275-E/275-E-2.htm
What the source says
“No employer shall harass, abuse, intimidate, discharge, threaten, or otherwise discriminate against any employee regarding compensation, terms, conditions, location, or privileges of employment because:”
- 16SB 416 (2026) Official StatusNew Hampshire General Court · Official source · Checked Pinpoint: Senate/House statusgc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=2001&sortoption=&sy=2026&txtsessionyear=2026
What the source says
“PASSED/ADOPTED WITH AMENDMENT”
- 17SB 416 House-Amended TextNew Hampshire General Court · Official source · Page updated · Checked gc.nh.gov/bill_status/legacy/bs2016/billText.aspx?id=1190&sy=2026&txtFormat=html
15Methodology
How we research these pages
Every figure on this page comes from an official source, a statute, a regulation or a government agency page, and links to it where it is used. Ferry checks the page against those sources on a schedule and logs every change.
- 1
Official sources only
Statutes, regulations, state labor agencies, city ordinances and the U.S. Department of Labor. No vendor blogs, no AI answers, no secondary summaries as the only source.
- 2
Every figure is linked
Each rate and rule carries a numbered link to the statute or agency page behind it, with the exact pinpoint and, where available, a link that opens at the sentence itself.
- 3
Re-checked on a schedule
Every page is re-checked each January and July, and whenever a state or city changes a rate. Cash wage plus tip credit is checked against the minimum wage on every build.
- 4
Gaps are left out, not guessed
If a rule can't be confirmed from an official source, it isn't shown. The page points to the state agency instead.
What changed on this page
- First version of this page. Every figure was checked against the official sources listed on this page.
Researched by Ferry's tip operations research team. Last reviewed .
Changes to the law itself are listed in What changed and what's coming.
16Every state
Tip laws in every state
Pick any state for its tip credit, tip pool, service charge and card tip rules. Each chip shows the state's tip credit class.
- No tip creditNo tip credit
- Above $2.13Tip credit, cash wage above federal
- $2.13 cashTip credit, federal cash wage
- FederalFederal rates apply
51 of 51 state pages. Open the master guide for the federal baseline, tip credit classes and the full comparison table.