Hiring employees in New Hampshire: the 2026 compliance checklist for employers and recruiters

As of October 2026, an employer hiring in New Hampshire has to file an Employer Status Report with New Hampshire Employment Security (NHES) within 30 days of providing employment, carry workers' compensation for every employee from the first one, tell each new hire in writing at hire the rate of pay and the day and place of payment and keep a signed copy, collect the federal W-4 and Form I-9, and report the hire to NHES within 20 days. New Hampshire does not tax wages, so there is no state withholding form. It is an all-party consent state for recording, and we found no New Hampshire law on pay ranges in postings, salary history, credit checks, E-Verify or private employers' use of AI in hiring.

This page is the New Hampshire hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

The New Hampshire hiring checklist at a glance

What must be in place before the first New Hampshire hire?

An NHES account. NHES says that if you are "providing employment in New Hampshire, you must file an Employer Status Report" within 30 days, then file quarterly tax and wage reports once it determines you are an employer. Its claims and taxes page puts the new employer rate at 2.7 percent on the first $14,000 of each employee's annual wages, minus any fund balance reduction for the quarter.

Then workers' compensation, which is not optional. The Department of Labor's workers' compensation FAQ says that under RSA 281-A:5 "every employer who has any employees, full or part-time, is required to cover these employees," relatives and nonprofits included. Sole proprietors and partners need not cover themselves. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a New Hampshire license?

Not from the state. The only general statute is RSA chapter 274, a 1901 law that fines anyone keeping an unlicensed "intelligence office" $10 a day and lets a city's mayor and aldermen or a town's selectmen issue the license. Two modern filings catch some firms: employee leasing companies are licensed by the Commissioner of Labor under RSA 277-B, which "shall not include temporary help service," and agencies placing nurses or licensed nursing assistants with health care facilities register with the Office of Professional Licensure and Certification under RSA 326-M. Our guide to the New Hampshire staffing agency rules covers fees, bonds and how to ask your town clerk about RSA 274.

What must a New Hampshire job posting include, and can you ask about pay history?

We found no New Hampshire statute that requires pay ranges in job postings or bars private employers from asking about pay history, and New Hampshire does not appear in our trackers of pay transparency laws by state or salary history ban states. What it does require is an equal pay notice: RSA 275:49, VII makes employers post that paying different wages for the same work based solely on sex is illegal. A posting for a remote role open to candidates in Massachusetts, New York or Colorado can still pick up those states' posting rules.

When can you ask about criminal history or run a credit check?

We found no ban-the-box law for New Hampshire private employers, but the state limits how the question is asked. RSA 651:5, X(f) says that "in any application for employment," a person may be questioned about a criminal record only in terms such as "Have you ever been arrested for or convicted of a crime that has not been annulled by a court?" An annulled record is treated as if the person had never been arrested, convicted or sentenced, so a question that reaches annulled records should be rewritten. Federal rules still apply: EEOC guidance on individualized assessment and the FCRA background check process.

For credit reports, we found no New Hampshire statute limiting employment credit checks, so the federal Fair Credit Reporting Act's disclosure, authorization and adverse action steps are the rule. Our credit check laws guide lists the states that go further.

Can you record or transcribe a job interview in New Hampshire?

Only with everyone's consent. RSA 570-A:2, I makes it a class B felony to intercept a telecommunication or oral communication "without the consent of all parties to the communication," and none of the chapter's exceptions covers an employer recording an interview. Under RSA 570-A:11, the person recorded can recover at least $100 a day or $1,000, whichever is higher, plus punitive damages and attorney's fees. Treat a note taker that captures the call's audio the same way: say you are recording or transcribing and get a yes from every participant first. See our New Hampshire recording consent guide, the New Hampshire wiretap law guide for the case law, and recording calls across state lines.

Does New Hampshire regulate AI in hiring?

Not for private employers. RSA chapter 5-D, "Use of Artificial Intelligence by State Agencies," binds only state agencies: it bars them from using AI to classify people in ways that result in unlawful discrimination and requires human review of AI decisions that cannot be reversed. We found no New Hampshire law requiring private employers or recruiters to disclose AI tools to candidates or audit them for bias. Anti-discrimination law still applies to the outcome, and the all-party consent rule applies to any tool that listens to the call. See AI hiring laws by state.

Can you drug test applicants in New Hampshire?

Generally yes. We found no New Hampshire statute regulating private employers' pre-employment drug testing. The therapeutic cannabis law, RSA 126-X:3, III(c), says it does not require "any accommodation of the therapeutic use of cannabis on the property or premises of any place of employment" and does not limit discipline for using cannabis at work or working under its influence. DOT safety-sensitive roles follow federal testing rules. Our drug testing laws guide compares the states that restrict testing.

Does New Hampshire require E-Verify?

No. New Hampshire does not require private employers to use E-Verify. It has its own documentation rule instead: RSA 275-A:4-a provides that "no employer may employ any employee without obtaining documentation" of eligibility to work in the United States, kept for the period federal law requires, which in practice is the Form I-9 and its documents. See E-Verify requirements in New Hampshire for the failed mandate bills and how E-Verify works as a defense under the same chapter.

Which state withholding form does a new hire complete?

None. The Department of Revenue Administration's list of the taxes it administers includes no wage or personal income tax, and its one individual income tax, on interest and dividends, no longer applies "for tax periods beginning on or after January 1, 2025." The federal W-4 is the only withholding form a New Hampshire hire completes. A remote employee who works from another state, such as Massachusetts, may owe that state's income tax.

Which notices must a new New Hampshire employee get at hire?

• Written pay notice. RSA 275:49, I requires employers to notify employees "at the time of hiring of the rate of pay, and of the day and place of payment." The Department of Labor's rule, Lab 803.03, says the notice is in writing and covers how wages are determined, and the employer keeps a copy signed by the employee on file. Later changes need written notice before they take effect.
• Benefit policies. Lab 803.03(b) requires a written or posted description of policies on paid vacation, holidays, sick leave, bonuses, severance, expenses, pension and other fringe benefits.
• Posters. RSA 275:49 also requires the commissioner's wage law abstract and the equal pay notice, and the Department of Labor's Lab 300 rules require posting the workers' compensation "Notice of Compliance," form WCP-1.
• Background check consent. If an outside agency runs a check, the FCRA's stand-alone disclosure and written authorization come first.

How do you report a new hire in New Hampshire?

To NHES, which says "New Hampshire employers are required to report all New Hires within 20 days," online through its Web Tax & New Hire Reporting System, on its paper form by mail or fax, or by electronic file. RSA 282-A:117-a requires the employee's name, address, Social Security number and first day of work, plus the employer's name, address and federal and state identification numbers; a copy of the W-4 may be sent instead. Rehires count after a separation of at least 60 consecutive days, and a contract with an individual for services other than casual labor is reportable when payment is expected to exceed $2,500.

The New Hampshire hiring steps in order

1. Before the first hire: file the NHES Employer Status Report within 30 days of providing employment, bind workers' compensation and post the Notice of Compliance. Agencies check RSA 274, 277-B and 326-M.
2. Posting: no New Hampshire pay range rule, but check the rules of any other state where candidates for a remote role live.
3. Screening: criminal history questions are allowed but must leave out annulled records; follow the FCRA if you run checks.
4. Interview: get every participant's consent before you record or transcribe.
5. Offer: drug test if your policy calls for it, and put the rate of pay, payday and place of payment in writing.
6. First day: Form I-9 and its documents, the federal W-4, the signed pay notice and access to benefit policies.
7. Within 20 days: report the hire, or an individual contractor expected to earn more than $2,500, to NHES.

Hiring in more than one state? The same checklist is available for Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon and Rhode Island, and for Massachusetts, New York and Pennsylvania.