Deductions from wages - New Hampshire

Summary of differences between federal and state regulations

Federal regulations restrict the types of deductions that can be made from an employee’s wages or salary. Deductions can be made in certain cases, but the legality often depends on the nature and purpose of the deductions, as well as the status of the employee as exempt or non-exempt.

Under New Hampshire law, an employer may only make deductions from wages when empowered or required by state or federal law, such as for taxes, or for a purpose which is accruing to the employees benefit with prior written authorization, such as an insurance premium or contributions to the employee's charity.

Upon employee’s written request, deductions may be taken for medical care, voluntary contributions to cafeteria or flexible benefit plans, child care, and parking fees. The employer is liable for any benefit lost to the employee as a result of failure to make the authorized deductions. Employers may also take deductions (with the employee's authorization) for legal plans and identity theft plans without financial advantage to the employer.

Medical exams

Employers may not deduct the cost of medical exams or records required by the employer from the employee’s wages. According to state law:

“No employer shall require an employee or applicant to pay for the cost of a medical examination, non-required drug or alcohol testing, records required by the employer, or any item required by and for the benefit of the employer. This shall not include examinations, permits or licenses required by state or federal law.”

Uniforms

No employer shall require employees to wear uniforms (as defined) unless the employer provides each employee with the uniform at no cost to the employee.

“Uniform” means a garment with a company logo or fashion of distinctive design, worn by one or more employees, and serving as a means of identification or distinction.

State

Contact

New Hampshire Department of Labor

Regulations

New Hampshire Statutes Title XXIII, Chapter 275, Section 275:48, Withholding of Wages

New Hampshire Statutes Title XXIII, Chapter 275, Section 275:57 Reimbursement of Employee Expenses

New Hampshire Statutes Title XXIII, Chapter 275, Section 275:3, Payment for Medical Examination or Records Furnished

New Hampshire Administrative Rules, Chapter Lab 800, Section 803.02 Prohibitions

Federal

Contact

Wage and Hour Division

Regulations

For non-exempt employees:

29 CFR Part 531, Wage Payments under The Fair Labor Standards Act of 1938

For exempt employees:

29 CFR Part 541, Subpart G, Salary Requirements