New Hampshire
New Hampshire Whistleblower Laws: Protections and How to Report
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 2 primary sources cited on this page. How we verify our legal content
New Hampshire protects employees from retaliation through both common law and the Whistleblowers' Protection Act, codified at RSA 275-E. Covered workers cannot be discharged, intimidated, or face altered employment terms for reporting a violation in good faith or refusing to participate in unlawful activity.
A Summary of New Hampshire Whistleblower Laws
Employees in New Hampshire can be discharged from work for any reason or no reason under what is known as the employment-at-will doctrine. However, employees can still seek protection through the state's statutory and common law protections. Statutory protections are laws that are enacted by the state's legislature to address specific subject areas, e.g., wage discrimination, whereas common law protections are laws created by courts to address areas not covered by the enacted laws.
This is a summary of New Hampshire Whistleblower Laws, make sure to check out the Federal Whistleblower Laws as well.
Whistleblower Rights in New Hampshire
Common Law Protections for Whistleblowers in New Hampshire
New Hampshire has a public policy that is used as a remedy to the employment-at-will statute. Employers are not allowed to discharge an employee for reasons that violate public policy. New Hampshire considers certain activities as protected activities under its public policy. This means employees cannot be discharged for engaging in a protected activity. Some of these activities include:
- Exercising a legal right.
- Reporting a violation of a law, rule, or regulation.
- Refusing to carry out an activity that may result in a violation of public policy.
Statutory Protections for Whistleblowers in New Hampshire
Whistleblowers' Protection Act
Employers are not allowed to discharge, intimidate, alter terms of employment, or in any way discriminate against an employee in retaliation for:
- Reporting in good faith a violation of a rule, law, or regulation.
- Refusing to participate in an activity that would result in a violation of a law, rule, or regulation.
- Participating in an investigation, hearing, or inquiry conducted by a governmental entity or court action, concerning the violation of a law, rule, or regulation by the employer.
N.H. Rev. Stat. Ann. § 275-E:2.
Also, employees cannot be retaliated against for refusing to execute a directive that is in violation of a law, rule, or regulation. N.H. Rev. Stat. Ann. § 275-E:3.
Public Employees Reporting Fraud, Waste, or Abuse
The Whistleblowers' Protection Act carries a separate subdivision for public employees. The Department of Labor may receive and investigate complaints or information from any public employee about the possible existence of fraud, waste, or abuse in the expenditure of public funds, whether state or local, or relating to programs and operations involving the procurement of supplies, services, or construction by a governmental entity.
The labor commissioner first decides whether the complaint has merit, may investigate it or refer it to the appropriate enforcement authority, and may not disclose the complainant's identity without written consent unless the disclosure is to a law enforcement agency conducting a criminal investigation. N.H. Rev. Stat. Ann. § 275-E:8.
No governmental entity may threaten, discipline, demote, fire, transfer, reassign, or discriminate against a public employee who files such a complaint, or who discloses or threatens to disclose activity the employee reasonably believes violates RSA 275-E:2, represents a gross mismanagement or waste of public funds, property, or manpower, or evidences an abuse of authority or a danger to the public health and safety. A public employer may still discipline, demote, fire, transfer, or reassign an employee so long as the action is not arbitrary or capricious and is not in retaliation for a complaint under the chapter. N.H. Rev. Stat. Ann. § 275-E:9.
Public Employee Labor Relations
Employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:
- Filing a complaint under this statute.
- Filing an affidavit or petition under this statute.
- Giving information or testimony under this statute.
Asbestos Management and Control
Employers are not allowed to discharge, discipline or in any way discriminate against an employee in retaliation for filing a complaint or instituting a proceeding related to asbestos management and control laws. N.H. Rev. Stat. Ann. §141-E:19.
Child Care Licensing
No child care agency or child-placing agency license holder is allowed to discharge, harass, or in any way discriminate against an employee in retaliation for reporting a suspected violation of provisions or rules under this statute. N.H. Rev. Stat. Ann. § 170-E:48.
Dog and Horse Racing Employees****
It is unlawful for an employer to discharge or in any way discriminate against an employee in retaliation for:
- Filing a complaint under this statute.
- Filing an affidavit or petition under this statute.
- Giving information or testimony under this statute.
N.H. Rev. Stat. Ann. § 273-C:6.
Hazardous Waste Management
It is illegal to discharge or in any way discriminate against an employee in retaliation for disclosing a violation of hazardous waste management laws. N.H. Rev. Stat. Ann. § 147-A:12.
Crime Victim Employment Leave
No employer is allowed to discharge, alter terms of employment, threaten or in any way discriminate against an employee in retaliation for exercising his or her right to leave work under the Crime Victim Employment Leave Act. N.H. Rev. Stat. Ann. § 275:64. Under this act, employees who are victims of a crime have a right to leave work to attend court or other legal or investigative proceedings that are related to the prosecution of the crime. N.H. Rev. Stat. Ann. § 275:62.
Occupational Safety and Health
If an employer retaliates or takes any action against an employee who exercises a right under this chapter, the employee may petition the labor commissioner for a review of the employer's action. The commissioner holds a hearing and may order reinstatement of the employee or such other action as he deems necessary pending a decision. N.H. Rev. Stat. Ann. § 277:35-a.
Toxic Substances
No employer is allowed to discharge, discipline, or in any way discriminate against an employee in retaliation for:
- Filing a complaint under this statute.
- Exercising a right under this statute.
- Instituting a proceeding under this statute.
N.H. Rev. Stat. Ann. § 277-A:7.
Discrimination in the Workplace
Employers are not allowed to discharge or in any way discriminate against an employee in retaliation for:
- Making a charge or filing a complaint under this statute.
- Instituting a proceeding, hearing, investigation, or action under this statute, including an investigation conducted by the employer.
- Testifying or intending to testify or participating in any such investigation, proceeding, hearing, or action.
- Discussing his or her wages or those of another employee.
This statute does not apply to employees who have access to wage information of other employees as part of such employee's job description and who disclose such information to unauthorized individuals unless such disclosure is in response to a complaint or charge or aimed at assisting in an investigation, proceeding, hearing or action.
N.H. Rev. Stat. Ann. § 275:38-A.
Whistleblower Retaliation Claims in New Hampshire
Unless stated otherwise by a statute, wrongful retaliation suits should be filed within 3 years of the retaliatory action. Some of the statutes below allow far less, 6 months or even 30 days, so ask a New Hampshire employment lawyer for a free case evaluation on which deadline governs your claim (attorney advertising).
Whistleblowers' Protection Act
Aggrieved employees are required to bring a civil action suit under this statute within 3 years of the retaliatory action. Also, a complaint can be filed with the New Hampshire Department of Labor. To obtain a hearing with the labor commissioner, the employee must have first made a reasonable effort to maintain or restore his or her rights through any grievance procedure or similar process available at the place of employment. N.H. Rev. Stat. Ann. § 275-E:4. That is a reasonable-effort standard rather than mandatory exhaustion, so an employee whose workplace offers no grievance procedure satisfies it without doing anything further. Decisions of the commissioner may be appealed under RSA 541.
Public employees may also bring a fraud, waste, or abuse complaint to the Department of Labor under RSA 275-E:8, and are protected from retaliation for doing so under RSA 275-E:9.
Dog and Horse Racing Employees
Complaints under this act should be filed with the public employee labor relations board.
Public Employee Labor Relations
Complaints under this act should be filed with the public employee labor relations board within 6 months of the retaliatory action. However, aggrieved employees are required to first exhaust administrative remedies provided by other statutes.
Occupational Safety and Health
Complaints under this act should be filed with the New Hampshire Department of Labor.
Toxic Substances
Complaints under this statute should be filed with the New Hampshire Department of Labor within 30 days of the retaliatory action.
Whistleblower Hotlines in New Hampshire
To file a complaint with the New Hampshire Department of Labor, call (603) 271-3176.
To file a complaint with the public employee labor relations board, call (603) 271-2587.
Whistleblower Retaliation and Violation Penalties in New Hampshire
Whistleblowers' Protection Act
In case the aggrieved employee brings a civil suit, the court may award the following reliefs:
- Reinstatement.
- Back-pay.
- Reasonable attorney fees and costs.
Also, in case the complaint is brought before the commissioner of labor, he or she may order:
- Reinstatement of the aggrieved employee.
- Payment of back pay.
- Fringe benefits and seniority rights.
- Any other appropriate relief.
Child Care Licensing
Any child care agency or child-placing agency license holder that carries out unlawful retaliation against an employee may be punished by license revocation.
Crime Victim Employment Leave
Employers who violate this statute may be liable for a civil penalty not exceeding $2,500.
Dog and Horse Racing Employees
If an employer is found guilty of violating this statute, the public employee labor relations board may award the aggrieved employee the following relief:
- Cease and desist order.
- Reinstatement to previous job position with back pay.
- Payment of costs incurred in negotiating.
- Plus any other appropriate relief.
Hazardous Waste Management
Employers who violate this statute may be liable to the aggrieved employee for:
- Injunctive relief.
- Compensatory and exemplary damages.
- Reasonable attorney's fees.
These are civil remedies under RSA 147-A:12. A separate provision, RSA 147-A:16, makes it a felony to knowingly violate the hazardous waste handling and management rules, but that criminal penalty attaches to the underlying hazmat violation, not to an employer's retaliation against a reporting employee.
Occupational Safety and Health
If the commissioner of labor determines that an employer carried out unlawful retaliation against an employee, he or she may order reinstatement of the employee or such other action as he or she deems necessary.
Public Employee Labor Relations
If an employer is found guilty of violating this statute, the public employee labor relations board may award the aggrieved employee the following relief:
- Cease and desist order.
- Reinstatement to previous job position with back pay.
- Payment of costs incurred in negotiating.
- Plus any other appropriate relief.
Toxic Substances
Employers who violate this statute may be liable for a civil penalty not exceeding $2,500. Each day the violation continues will be considered as an additional and separate offense.
Discrimination in the Workplace
Employers who violate this statute may be liable for a civil penalty not exceeding $2,500. Also, if the employer is considered a natural person, he or she may be found guilty of a violation or guilty of a misdemeanor if he or she is not considered a natural person.
More New Hampshire Laws
Updates
Corrected the workplace grievance requirement under the Whistleblowers' Protection Act to the statute's reasonable-effort standard rather than mandatory exhaustion, restated the workplace safety and health provision as an employee right to petition the labor commissioner, and added coverage of the public employee protections in RSA 275-E:8 and 275-E:9.
Corrected New Hampshire's hazardous-waste whistleblower section: retaliation against an employee under RSA 147-A:12 carries only civil remedies (injunctive relief, damages, attorney's fees). The felony penalty the page had attached to retaliation actually applies under RSA 147-A:16 to violations of the underlying hazardous-waste handling rules, not to retaliation itself.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 275-E WHISTLEBLOWERS' PROTECTION ACT
§ 275-E:2Protection of Employees Reporting Violations.In forcecited in 3 of our articles
I. No employer shall harass, abuse, intimidate, discharge, threaten, or otherwise discriminate against any employee regarding compensation, terms, conditions, location, or privileges of employment because: (a) The employee, in good faith, reports or causes to be reported, verbally or in writing, what the employee has reasonable cause to believe is a violation of any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States; or (b) The employee objects to or refuses to participate in any activity that the employee, in good faith, believes is a violation of the law; or (c) The employee, in good faith, participates, verbally or in writing, in an investigation, hearing, or inquiry conducted by any governmental entity, including a court action, which concerns allegations that the employer has violated any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States. II. An aggrieved employee may bring a civil suit within 3 years of the alleged violation of this section.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 29 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Appeal of Bio Energy Corp. (Supreme Court of New Hampshire 1992, 135 N.H. 517)“…intended that the “report” which triggers protection under RSA 275-E:2, 1(a) (Supp. 1991) includes the act of…”
- Clark v. N.H. Dep't of Emp't Sec. (Supreme Court of New Hampshire 2019, 171 N.H. 639)“…ng a violation of the Whistleblowers' Protection Act, see RSA 275-E:2, II (Supp. 2018), and the Public Employ…”
- Appeal of Osram Sylvania, Inc. (Supreme Court of New Hampshire 1998, 142 N.H. 612)“…tion; (2) Kijek failed to satisfy the statutory elements of RSA 275-E:2; (3) Kijek failed to follow the grievan…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New Hampshire At-Will Employment Laws: Exceptions and Your Rights, Wrongful Termination in New Hampshire (2026): Laws and Deadlines
§ 275-E:3Protection of Employees Who Refuse to Execute Illegal Directives.In forcecited in 2 of our articles
No employer shall discharge, threaten or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has refused to execute a directive which in fact violates any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Appeal of Fred Fuller Oil Co. (Supreme Court of New Hampshire 2000, 144 N.H. 607)“…execute a directive which . . . violates any law or rule,” RSA 275-E:3 (1999); (2) ruling that Leonard was ter…”
- Appeal of Smithfield Dodge, Inc. (Supreme Court of New Hampshire 2000, 145 N.H. 23)“…tion two) when Ouellette’s complaint alleged a violation of RSA 275-E:3 (section three); (2) failing to address…”
- Appeal of Leonard (Supreme Court of New Hampshire 2002, 147 N.H. 590)“…section two, his findings actually supported a violation of RSA 275-E:3 (section three), a claim not brought by…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 275-E:4Rights and Remedies.In forcecited in 2 of our articles
I. Any employee who alleges a violation of rights under RSA 275-E:2 or 3, and who has first made a reasonable effort to maintain or restore such employee's rights through any grievance procedure or similar process available at such employee's place of employment, may obtain a hearing with the commissioner of labor or a designee appointed by the commissioner. Following such hearing, the labor commissioner or the designee appointed by such commissioner shall render a judgment on such matter, and shall order, as the commissioner or his designee considers appropriate, reinstatement of the employee, the payment of back pay, fringe benefits and seniority rights, any appropriate injunctive relief, or any combination of these remedies. II. Decisions rendered by the commissioner of labor under paragraph I may be appealed pursuant to RSA 541.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Appeal of Seacoast Fire Equipment Co. (Supreme Court of New Hampshire 2001, 146 N.H. 605)“…ling to require compliance with the grievance provisions of RSA 275-E:4 (1999). We review the DOL’s decision…”
- Appeal of Bio Energy Corp. (Supreme Court of New Hampshire 1992, 135 N.H. 517)“…OL ruled that “the claimant is due injunctive relief, under RSA 275-E:4, I (Supp. 1991), in the amount of $7,00…”
- Clark v. N.H. Dep't of Emp't Sec. (Supreme Court of New Hampshire 2019, 171 N.H. 639)“…of employment" in retaliation for whistleblower activity); RSA 275-E:4, I (2010) (providing an aggrieved emplo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 275-E:8Complaint Investigation by Department of Labor.In force
I. The department of labor shall have the authority to receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, or abuse in the expenditure of any public funds, whether state or local, or relating to programs and operations involving the procurement of any supplies, services, or construction by governmental entities within the state. II. The labor commissioner shall make an initial determination as to whether a complaint received under paragraph I is without merit, unfounded, or in need of further information, in which case, the complaint may be dismissed without further action, or held until such time as additional information is received, or dismissed if no further information is received within the time period specified by the commissioner. If the labor commissioner makes an initial determination that the complaint has merit and warrants further investigation, the labor commissioner may undertake such investigation or refer the matter to the appropriate enforcement authority.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 275-E:9Protection of Public Employees.In force
No governmental entity shall threaten, discipline, demote, fire, transfer, reassign, or discriminate against a public employee who files a complaint with the department of labor under RSA 275-E:8 or otherwise discloses or threatens to disclose activities or information that the employee reasonably believes violates RSA 275-E:2, represents a gross mismanagement or waste of public funds, property, or manpower, or evidences an abuse of authority or a danger to the public health and safety. Notwithstanding this provision of law, public employers may discipline, demote, fire, transfer, or reassign an employee so long as the action is not arbitrary or capricious and is not in retaliation for the filing of a complaint under this chapter. Any public employee who files such a complaint or makes such a disclosure shall be entitled to all rights and remedies provided by this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE X PUBLIC HEALTH, CHAPTER 141-E ASBESTOS MANAGEMENT AND CONTROL
§ 141-E:19Discharge of or Discrimination Against Employees.In force
Pursuant to RSA 275-E, no employer shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee, prospective employee, or employee representative because that person has filed any complaint or has instituted or caused to be instituted any proceeding related to the provisions of this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE XII PUBLIC SAFETY AND WELFARE, CHAPTER 170-E CHILD DAY CARE, RESIDENTIAL CARE, AND CHILD-PLACING AGENCIES
§ 170-E:48Retaliation Prohibited.In force
A child care agency or child-placing agency license holder shall not retaliate, through discharge, harassment, or other discrimination, against an employee who in good faith reports a suspected violation of the provisions of this subdivision and rules adopted under it. Such retaliation shall constitute grounds for license revocation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 273-C DOG AND HORSE RACING EMPLOYEES
§ 273-C:6Unfair Labor Practices Prohibited.In force
I. It shall be a prohibited practice for any employer: (a) To restrain, coerce or otherwise interfere with its employees in the exercise of the rights conferred by this chapter. (b) To dominate or to interfere in the formation or administration of any employee organization. (c) To discriminate in the hiring or tenure, or the terms and conditions of employment of its employees for the purpose of encouraging or discouraging membership in any employee organization. (d) To discharge or otherwise discriminate against any employee because he has filed a complaint, affidavit or petition, or given information or testimony under this chapter. (e) To refuse to negotiate in good faith with the exclusive representative of a bargaining unit. (f) To invoke a lockout during the term of the existing agreement. (g) To fail to comply with this chapter or any rule adopted under this chapter. (h) To breach a collective bargaining agreement. II. It shall be a prohibited practice for the exclusive representative of any employee: (a) To restrain, coerce or otherwise interfere with employees in the exercise of their rights under this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE X PUBLIC HEALTH, CHAPTER 147-A HAZARDOUS WASTE MANAGEMENT
§ 147-A:12Discrimination Prohibited.In force
I. No employer shall discharge or discriminate against an employee because the employee has reported a violation of this chapter to the department as required by RSA 147-A:11, I. II. Any employee who has been discharged or discriminated against in violation of RSA 147-A:12, I, may bring an action against the employer in the superior court for injunctive relief, and for compensatory and exemplary damages. III. Reasonable attorney's fees shall be awarded to any employee who prevails in an action against his employer brought under RSA 147-A:12.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 147-A:16Criminal Penalty; Fine.In force
I. Any person shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person who knowingly: (a) Violates any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A; (b) Violates any term or condition of a permit or an order issued under RSA 147-A; (c) Makes or certifies a material false statement relative to any document required by RSA 147-A; or (d) Tampers with a monitoring device or fails to comply with a monitoring method required under RSA 147-A. II. Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $50,000 if found guilty of any violation of RSA 147-A:16, I. Each day of violation shall constitute a separate offense. III. Criminal penalties and fines imposed under RSA 147-A:16 shall be paid to the New Hampshire hazardous waste cleanup fund established under RSA 147-B:3. IV.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1985
Opinions citing this section in our collection:
- Stablex Corp. v. Town of Hooksett (Supreme Court of New Hampshire 1982, 122 N.H. 1091)“…enalties for operator violations. RSA 147-A:9 (Supp. 1981); RSA 147-A:16, II (Supp. 1981). RSA Chapter…”
- United States v. Ottati & Goss, Inc. (District Court, D. New Hampshire 1985, 630 F. Supp. 1361)“…hen criminal penalties and fines may be assessed under N.H. RSA § 147-A:16. This statute states: I. Any per…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 275 PROTECTIVE LEGISLATION
§ 275:62Right to Leave Work.In force
I. Pursuant to the rights of crime victims under RSA 21-M:8-k, II(e), an employer shall permit an employee who is a victim of a crime to leave work so that the employee may attend court or other legal or investigative proceedings associated with the prosecution of the crime. II. An employer shall not discharge an employee who is a victim of a crime because the employee exercises his or her right to leave work pursuant to this subdivision. III. An employer shall not be required to compensate an employee who is a victim of a crime and who exercises his or her rights under this subdivision. IV. An employee who leaves work pursuant to this subdivision may elect to use, or an employer may require the employee to use, the employee's accrued paid vacation time, personal leave time, or sick leave time. V. An employee shall not lose seniority while absent from his or her employment under this subdivision. VI. Before an employee may leave work under this subdivision, he or she shall provide the employer with a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the employee by the court or agency responsible for providing notice to the employee.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 275:64Discrimination Prohibited.In force
No employer shall discharge, threaten, or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has exercised his or her right to leave work as provided under this subdivision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 275:38-aNon-Retaliation Provision.In force
I. No employer shall discharge or in any other manner discriminate against any employee because he or she: (a) Makes a charge, files any complaint, or institutes or causes to be instituted any investigation, proceeding, hearing, or action under or related to this subdivision, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing, or action. (b) Inquired about, discussed, or disclosed his or her wages or those of another employee. II. This section shall not apply to any employee who has access to the wage information of other employees as a part of such employee's essential job functions who discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under RSA 275:41-a including an investigation conducted by the employer. Nothing in this section shall be construed to limit the rights of an employee provided under any other provision of law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Shaun Thompson, Plaintiff v. Paul G. White Tile Company, Inc., Defendant (District Court, D. New Hampshire 2021, 2021 DNH 145)“…inquired about, discussed, or disclosed his or her wages.” RSA 275:38-a. That, says Thompson, is precisely wh…”
- Thompson v. Paul G. White Tile Co. Inc. (District Court, D. New Hampshire 2021)“…about, discussed, or disclosed his or her wages.” RSA 275:38-a. That, says Thompson, is precisely wha…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 277 SAFETY AND HEALTH OF EMPLOYEES
§ 277:35-aPetition for Review.In force
If an employer retaliates or takes any action against an employee who exercises his rights under this chapter, the employee may petition the commissioner for a review of the employer's action. The commissioner shall hold a hearing pursuant to RSA 277:25. The commissioner may order reinstatement of the employee or such other action as he deems necessary pending his decision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE XXIII LABOR, CHAPTER 277-A TOXIC SUBSTANCES IN THE WORKPLACE
§ 277-A:7Discharge or Discrimination for Exercise of Rights Forbidden.In force
I. No employer shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee, prospective employee or employee representative because that person has filed any complaint or has instituted or caused to be instituted any proceeding related to the provisions of this chapter, or has exercised any right provided in this chapter. II. Any employee, prospective employee or employee representative who believes that he has been discharged, disciplined, or otherwise discriminated against by an employer pursuant to paragraph I shall, within 30 days of such violation, or 30 days after he first obtains knowledge of such violation, file a complaint with the commissioner of labor alleging such discrimination. Upon receipt of such a complaint, the commissioner shall conduct an investigation as he deems appropriate. If, upon investigation, the commissioner determines the allegation to have substance, he may refer the matter to the attorney general for appropriate action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Sources and References
- N.H. RSA 275-E:2: protection of employees reporting violations (Whistleblowers’ Protection Act)(gencourt.state.nh.us).gov
- N.H. RSA 275-E:3: protection of employees who refuse to execute illegal directives(gencourt.state.nh.us).gov
- N.H. RSA 275-E:4: rights and remedies, including the reasonable-effort grievance requirement and appeal under RSA 541(gc.nh.gov)
- N.H. RSA 275-E:8: complaint investigation by the Department of Labor for public employees reporting fraud, waste, or abuse(gc.nh.gov)
- N.H. RSA 275-E:9: protection of public employees(gc.nh.gov)
- N.H. RSA 277:35-a: petition for review of an employer's retaliatory action under the workplace safety and health chapter(gc.nh.gov)
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