New Hampshire Meal and Rest Break Laws

Although federal law does not mandate the provision of meal and rest breaks, some states have enacted different legislation. Learn more about the meal and rest break requirements in New Hampshire.

Do New Hampshire Break Laws Differ from Federal Break Laws?

Yes, there are unique laws in place regarding employee breaks in New Hampshire.

New Hampshire Meal Break Laws

In New Hampshire, employers must provide a 30-minute meal break to all employees who work 5 hours or more.  However, if it’s feasible for employees to eat during working hours, and the employer allows them to, then a meal break is not required.

Some employees are exempt from break requirements. They include:

• Janitors, watchmen (and women), and caretakers
• Employees engaged in the publication and delivery of newspapers
• Farm or personal service employees
• Any labor that is required by an unanticipated emergency
• Employees in retail stores, resort areas, inns, theaters, motion picture houses, hotels, and restaurants.
• Workers in telegraph and telephone offices

New Hampshire Break Laws for Minors

The same break requirement law applies to adults and minors in New Hampshire.

New Hampshire Break Laws for Mothers

Under federal law, nursing mothers must be given reasonable time during work to express breast milk in a private place that is not a restroom. It must be free from intrusion and view. Employers with fewer than 50 employees may be exempt from this requirement if it would cause undue hardship.

New Hampshire Day of Rest Laws

Employers who operate on Sundays must post a list of the employees required to work on Sundays and when their alternative day of rest break is during the week. The employer must post the list in the workplace and file it with the New Hampshire Labor Commissioner.

New Hampshire Break Room Requirements

Employers are not required to provide a break room.

New Hampshire Penalties for Breaking Rest and Break Laws

Violating the federal legislation regarding the provision of meal and rest breaks subjects an employer to criminal prosecution and a fine. Employees may also file legal suits against employers, subjecting them to paying back wages.

Common New Hampshire Break Law FAQs

How early can I take my lunch break in New Hampshire?

You must receive a 30-minute meal break when working 5+ hours, but the required timing of that break is not specified in the law.

How many breaks in a 6-hour shift in New Hampshire?

Employees would receive one 30-minute break during a 6-hour shift (unless it is feasible for the employee to eat during working hours and the employer allows it).

How many breaks in an 8-hour shift in New Hampshire?

Employees would receive one 30-minute break during an 8-hour shift (unless it is feasible for the employee to eat during working hours and the employer allows it).

How many breaks in a 12-hour shift in New Hampshire?

Employees would receive one 30-minute break during a 12-hour shift (unless it is feasible for the employee to eat during working hours and the employer allows it).

Is it legal to work 7 days straight in New Hampshire?

It is possible to work 7 days straight in New Hampshire, although the law requires at least 24 consecutive hours off from work during a 7-day period. Employers are also required to post and file a list of employees required to work on Sundays (as outlined in the earlier section).

Can I waive my lunch break in New Hampshire?

Generally, yes, as long as you and your employer agree to it, and you are permitted to eat while working.

New Hampshire Department of Labor