What RSA 279:21 actually says
RSA 279:21 is New Hampshire's minimum wage statute, confirmed directly from the New Hampshire General Court at gencourt.state.nh.us. The statute adopts the federal minimum wage "as amended" — meaning it incorporates the FLSA rate by reference rather than stating a New Hampshire-specific dollar amount. There is no dollar figure in RSA 279:21. The applicable New Hampshire minimum wage is, and has always been, equal to the current federal rate.
Because no state dollar figure exists, a New Hampshire minimum wage page cannot quote a "state-set" rate. What this page can accurately say: New Hampshire law requires covered employers to pay at least the federal FLSA minimum wage, currently $7.25 per hour (29 U.S.C. § 206), effective July 24, 2009.
New Hampshire state overtime — a parallel structure
RSA 279:21(VIII) establishes New Hampshire's state overtime rule at 1.5× after 40 hours per workweek. However, RSA 279:21(VIII)(b) explicitly exempts FLSA-covered employers from the state overtime law — they are governed directly by FLSA. This means New Hampshire's own overtime rule reaches primarily small non-FLSA employers; the federal 40-hour threshold governs most workers in practice.
What this does not determine
- A state-set dollar figure for the New Hampshire minimum wage — no such figure exists in RSA 279:21.
- Whether the federal FLSA has been amended after the verification date of this page (which would automatically update New Hampshire's applicable floor).
- New Hampshire Department of Labor wage-claim filing deadlines — dol.nh.gov was blocked during research; verify current complaint procedures directly with NH DOL at dol.nh.gov.
- Tipped and youth worker rates — RSA 279:21 references statutory percentages; specific figures should be verified from the NH DOL before applying to payroll.
New Hampshire's minimum wage statute — RSA 279:21
The statute is RSA 279:21, available at gencourt.state.nh.us. The New Hampshire Department of Labor (dol.nh.gov) enforces wage payment laws under RSA 275 and related statutes. Employees with unpaid wage claims may contact the NH DOL directly; RSA 275 governs payment of wages generally.
New Hampshire vs. neighboring Massachusetts
Massachusetts has its own state minimum wage of $15.00 per hour under MGL c.151, effective January 1, 2023. Massachusetts sets an independent statutory dollar figure that does not depend on federal action. New Hampshire has no equivalent mechanism — its floor tracks the federal rate and rises only when Congress acts. The $7.75/hr gap between neighboring states reflects two fundamentally different policy approaches: independent state legislation versus federal incorporation by reference.
Sources and verification
RSA 279:21 was confirmed by reading the statute text at gencourt.state.nh.us — the New Hampshire General Court's official code. The statute's federal-tracking mechanism was confirmed directly from the source. The federal FLSA rate ($7.25/hr, effective July 24, 2009) is confirmed from 29 U.S.C. § 206. See the site's methodology for how statutes confirming the absence of a state-set rate are treated.