Compliance
Home Care Overtime Rules: What Agencies Owe Caregivers
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
New Hampshire overtime rules for home care workers
Last verified October 28, 2026 · All New Hampshire resources
In New Hampshire, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $7.25 an hour. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. New Hampshire's own law does not, so if the federal rule is undone, agencies here may no longer owe overtime to companionship and live-in caregivers.
What are New Hampshire's overtime and minimum wage rules?
| Minimum wage | $7.25 an hour |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
Does New Hampshire law require overtime for agency caregivers?
No. New Hampshire's overtime rule does not apply to employees of employers covered by the federal Fair Labor Standards Act (RSA 279:21, VIII(b)), which includes virtually every home care agency, so the federal rule decides.
Calculate a week of overtime in New Hampshire
Preset with New Hampshire's daily overtime rule. Enter each day's hours across all clients.
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Overtime rules by state: other states
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