Recently, New Hampshire Governor Maggie Hassan confirmed that New Hampshire will no longer allow the application of the sub-minimum wage exemption. The bill recently passed prohibits NH employers from paying workers with disabilities at a rate lower than the minimum wage and the application of sheltered workshops where organizations set up workplaces aimed toward people with disabilities.
Under the Fair Labor Standards Act, certain employees may legally earn less than minimum wage. Individuals with disabilities can qualify if employers determine that their earning or productive capacity is impaired by a physical or mental disability. Many states take advantage of this break, but it will no longer apply to NH employers