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Monday, April 20, 2026

At a glance: hiring and wage & hour law in the USA (New Hampshire) - Lexology

Hiring

Advertising

What are the requirements relating to advertising open positions?

New Hampshire employers are prohibited from publicizing any notice or advertisement that indicates any limitation, specification, or discrimination of applicants based on age, sex, sexual orientation, gender identity, race, color, marital status, physical or mental disability, religious creed, national origin or sexual orientation, unless there is a bona fide occupational qualification for such preference. RSA § 354-A:7(III).

Background checks

(a)Criminal records and arrests

Generally, employers may condition offers of employment on the satisfactory completion of a criminal history record check. Also, there is no statute in New Hampshire, preventing employers from questioning applicants or employees about their prior criminal convictions, as long as the crime has not been annulled by a court. RSA § 651:5(X)(f). Specific background inquiries may be required for specific employment positions. For instance, certain schools are required to perform a background investigation, including a criminal history check, on all employees. RSA § 189:13-a. In addition, childcare centers are required to submit to the Department of Health and Human Services the names along with other information of new hires, new household members, or other individuals who are responsible for the care of or have regular contact with children. RSA § 170-E:7. Employers are also required to check the criminal history of...



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