Meal and Rest Periods Law Summaries
New Hampshire, Meal and Rest Periods Law Summaries
New Hampshire's meal and rest periods law is located in the New Hampshire Revised Statutes at Title XXIII, Chapter 275 (for full text of the law, see Wages-Hours ¶30-44,201 et seq. ). Breastfeeding rights were added by Ch. 121 (H. 441), L. 1999, effective August 9, 1999.
WHAT THE EMPLOYER MUST DO
Meal periods
Employees cannot be required to work more than five consecutive hours without receiving at least a half-hour lunch or eating period. Exception is made if it is feasible for the employee to eat while working, and the employer permits the employee to do so (Sec. 275:30-a).
Rest periods
Sunday work.- Whoever requires an employee engaged in any occupation to do on Sunday the usual work of his or her occupation, unless the employee is allowed during the six days next ensuing 24 consecutive hours without labor, will be fined not more than $50 (Sec. 275:32).
Employers may be exempt from the Sunday work provisions where mutual agreements are reached between employer and employees, after approval of the Labor Commissioner where it appears for the best interests of all parties concerned (Sec. 275:33-b).
The Sunday work provisions do not apply to establishments used for the manufacture or distribution of gas, electricity, milk or water, nor to the transportation, sale, or delivery of food (Sec. 275:34).
Additionally, the Sunday work provisions do not apply to the following employees (Sec. 275:35):
janitors, watchmen, firemen employed at stationary plants, or caretakers.
employees whose duties on Sunday include only setting sponges in bakeries; caring for live animals or caring for machinery and plant equipment.
employees engaged in the preparation, printing, publication, sale or delivery of newspapers, or periodicals with definite on-sale newsstand dates.
employees engaged in farm or personal service.
employees engaged in any labor called for by an emergency that could not reasonably have been anticipated.
employees engaged in the canning of perishable goods.
employees engaged in any work connected with retail stores in resort areas; cabins and inns; and in theatres, motion picture houses, hotels and restaurants.
employees of telegraph and telephone offices.
Day of rest.- No employer may operate any such business on Sunday unless it has posted in a conspicuous place on the premises a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each. The employer must promptly file a copy of such schedule and every change therein with the Labor Commissioner. No employee may be required or allowed to work on his or her designated day of rest. Whoever violates these provisions will be fined $50 (Sec. 275:33).
The day of rest provisions do not apply to hospitals, nursing homes, orphanages and homes for the aged (Sec. 275:33-a).
Also, employers may be exempt from the day of rest provisions where mutual agreements are reached between employer and employees, after approval of the Labor Commissioner where it appears for the best interests of all parties concerned (Sec. 275:33-b).
The day of rest provisions do not apply to establishments used for the manufacture or distribution of gas, electricity, milk or water, nor to the transportation, sale, or delivery of food (Sec. 275:34).
Additionally, the day of rest provisions do not apply to the following employees (Sec. 275:35):
janitors, watchmen, firemen employed at stationary plants, or caretakers.
employees whose duties on Sunday include only setting sponges in bakeries; caring for live animals or caring for machinery and plant equipment.
employees engaged in the preparation, printing, publication, sale or delivery of newspapers, or periodicals with definite on-sale newsstand dates.
employees engaged in farm or personal service.
employees engaged in any labor called for by an emergency that could not reasonably have been anticipated.
employees engaged in the canning of perishable goods.
employees engaged in any work connected with retail stores in resort areas; cabins and inns; and in theatres, motion picture houses, hotels and restaurants.
employees of telegraph and telephone offices.
Nursing mothers.- Restricting or limiting the right of a mother to breastfeed her child is discriminatory (Sec. 132:10-d, as added by Ch. 121 (H. 441), L. 1999, effective August 9, 1999).
Posting: Minors.- Employers must post, in a conspicuous place in every room where minors are employed, a printed notice including (among other information) the time allowed for dinner or other meals (NH RevStatAnn, Sec. 276-A:20).
WHO TO CONTACT
Contact the New Hampshire Department of Labor, State Office Park South, 95 Pleasant Street, Concord, NH 03301. Telephone: (603) 271-3171.
POSTING
See WHAT THE EMPLOYER MUST DO, “Day of rest,” above.
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