Under a new law that takes effect on July 7, 2026, New Hampshire employers will have 20 days — up from 10 — to object to a claim for unpaid wages. Governor Kelly Ayotte signed HB 1168, relative to employer documentation requirements, into law on May 8, 2026.
Responding to a wage claim
If an employee believes that their employer has violated the state’s wage and hour laws, a wage claim can be filed at the New Hampshire Department of Labor (NHDOL). This claim must be made within 36 months of the date the wages were due. When a wage claim is accepted by the NHDOL, a notice of the wage claim is mailed to the employer.
Under existing law (RSA 275:51, V), an employer only has 10 days from the receipt of the notice to file an objection. Once the new law takes effect, an employer will have 20 days (double the time) to object. If the employer objects, the objection will be forwarded to the claimant for review. The claimant may then request a formal hearing on the matter.
While an extra 10 days may not seem significant, this extension will allow employers more time to gather documentation in their defense, such as payroll records, timesheets, employment contracts and personnel policies. This is particularly helpful for small employers that often lack a dedicated HR or legal team. It is hoped that this adjustment — allowing more time for employers to respond — will lead to more thorough and considered objections, which will ultimately aid in rendering a just decision. It is worth noting that none of these changes will alter the underlying rights of employees to file claims or the 36-month statute of limitations — the bill only adjusts the procedural timeline for employer responses.
Another bill – Senate Bill 569 – is also pending that may impact NHDOL proceedings. As originally introduced, the bill would have required NHDOL hearing officers to be licensed attorneys in good standing with relevant workers’ compensation experience. In response to concerns about the NHDOL’s ability to recruit such specialized lawyers at the salary rates offered by state government, the bill was amended and now only requires that hearing officers be graduates of an accredited law school. It also directs the labor commissioner to give a hiring preference to licensed attorneys who have workers’ compensation experience or who have administrative adjudication experience.
If you have received a wage claim notice from NHDOL — or have any questions or concerns about the wage claim process or other NHDOL processes — don’t hesitate to contact Orr & Reno for assistance.
