Criminal history inquiries — ban-the-box (public employers only)
New Hampshire’s “ban-the-box” law for public employers, formerly codified at N.H. Rev. Stat. Ann. chapter 275-H, prohibited state and local public employers from inquiring about an applicant’s criminal history on an initial employment application, with limited exceptions for law enforcement jobs, positions requiring fidelity bonds, statutory automatic disqualification, or contractual bars. The law became effective January 1, 2021.
However, as part of the state budget bill (House Bill 2, 2025), the New Hampshire Legislature repealed RSA 275-H in its entirety. Section 373 of 2025 N.H. Laws ch. 105 (enacted as HB 2) states: “Repeal RSA 275-H [Public Employment; Criminal History Inquiries].” Under RSA 14:9-a, unless another effective date is stated, the repeal became effective 60 days after enactment—placing the effective repeal in July 2025. As of June 17, 2026, there is no state ban-the-box restriction applying to public employers in New Hampshire.
Private employers remain subject only to federal requirements, such as the Fair Chance to Compete for Jobs Act for federal contractors or agencies.
Source: 2025 N.H. Laws ch. 105 (HB 2, § 373) — repeal of RSA 275-H
New hire reporting — timing, covered workers, and independent contractor threshold
New Hampshire requires all employers to report newly hired and rehired employees to New Hampshire Employment Security (NHES) within 20 days of the first day of hire, as defined in the statute. The statutory obligation arises under RSA 282-A:117-a. Covered workers include all newly hired employees, rehired employees (after a separation of at least 60 days), and independent contractors who meet or exceed the $2,500 labor/services payment threshold in a calendar year; the threshold requirements for reporting independent contractors are detailed in RSA 282-A:117-a, II(b) and NHES administrative publications. The penalty provisions, reporting methods (electronic, paper, magnetic media), and multistate employer options described are current as of the 2024 legislative session and the NHES's latest published guidance materials (NHES 0082 and NHES 0083). No statutory passage, regulatory promulgation, or agency update amending the reporting timing, covered worker categories, or independent contractor thresholds has been enacted since the last guide review. Citation URLs and brochure versions remain correct as of the June 2024 review.
Source: N.H. Rev. Stat. Ann. § 282-A:117-a Source: NHES "New Hire" Reporting Brochure (NHES 0082) Source: NHES Reporting Independent Contractors Under the "New Hire" Program (NHES 0083)
New Hampshire I‑9 employment‑eligibility verification
New Hampshire imposes no additional state-specific requirements for Form I‑9 completion, retention, reverification, audits, or penalties. Employers in New Hampshire follow only the federal rules under the Immigration Reform and Control Act (8 U.S.C. § 1324a) and its implementing regulations (8 C.F.R. Part 274a), with no overlay.
Retention: Employers must keep each Form I‑9 for the later of three years after the date of hire or one year after the date employment ends. This is the standard “later-of” retention rule under federal law; New Hampshire does not extend or shorten this period.
Reverification and Rehires: Follow federal reverification and rehire rules under 8 C.F.R. § 274a.2 and § 274a.3—for example, reverification when work authorization expires, and using Section 3 for rehires within three years of initial I‑9 completion when still authorized, as federal law describes. New Hampshire has no alternate requirement.
Penalties and Audits: Penalties for missing, incomplete, or improperly retained Forms I‑9 arise under federal law (8 U.S.C. § 1324a; 8 C.F.R. § 274a.10). New Hampshire does not impose independent civil or criminal fines, and audits are conducted pursuant to federal authority only.
State references: New Hampshire law requires employers to complete Form I‑9 as part of hiring (RSA 275‑A:4‑a as noted in the NH Department of Labor’s Employer Compliance Checklist), but this merely restates the federal requirement and does not add a new substantive obligation.
For a deep dive into federal I‑9 mechanics—reverification triggers, electronic storage requirements, ICE inspection protocols—see the United States Hiring & Onboarding guide (/guides/united-states/hiring-and-onboarding).
Source: NH Dept. of Agriculture legal agri-guide, I‑9 rule summary Source: NH Employer Compliance Checklist referencing I‑9 requirement Source: 8 C.F.R. §§ 274a.2, 274a.3 on reverification/rehire; federal retention regime Source: ICE guidance on federal I‑9 enforcement
Mandatory new-hire notices — written disclosures at time of hire
New Hampshire law requires employers to provide specific written notices to employees at the time of hire, but the list is tightly circumscribed.
Wage, pay period, payday, and fringe benefits notice (RSA 275:49 and Lab 803.03). Every employer must furnish each employee, in writing, at the time of hire and before any change, the following information:
- Rate of pay or salary;
- Pay period (weekly, biweekly, etc.);
- Payday (the day and place of payment);
- Description of fringe benefits (such as vacation pay, sick pay, paid holidays, bonuses, health insurance, or other benefits, if offered); and
- The specific method(s) used to determine wages due (e.g., hourly, salary, commission structure).
The written notice must be signed by the employee (NH Admin Code Lab 803.03[a]). A new signed notice is required any time one of these items changes. Employers are required to retain the signed notices.
No broader new hire notice regime. Unlike some states, New Hampshire does not mandate that employers provide separate or additional written notices at hire regarding unemployment insurance eligibility, workers’ compensation coverage, paid family leave benefits, or general legal rights statements. Requirements for workers' compensation and unemployment postings are satisfied by displaying official posters in a conspicuous workplace location, not by providing written materials to each new hire individually. (The required workers' compensation poster is detailed under RSA 281-A:4; the unemployment insurance poster under RSA 282-A:116.)
Federal overlays apply. Federal law may require additional notices (for example, federal EEO rights, FCRA summary if using background checks, or the federal wage-theft prevention notices under the FLSA in certain federal contracts), but these are not New Hampshire-specific. Employers should consult the United States — Hiring & Onboarding guide for federal guarantees that overlay New Hampshire’s regime.
Summary. New Hampshire’s only affirmative written new-hire notice requirement is the disclosure of pay, schedule, pay day, and fringe benefits, with signature and ongoing update obligations. All other employment-rights notifications are satisfied by posting, not by delivery to each new hire.
Source: N.H. Rev. Stat. § 275:49 Source: N.H. Admin. Code Lab 803.03(a)