New Hampshire: employee or independent contractor?

The test depends on which law you're dealing with. A worker can be a contractor for one law and an employee for another.

LawTestStatute
Unemployment insuranceABCRSA 282-A:9, III
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

The ABC test

Under New Hampshire's unemployment law, a worker is an employee unless all three parts are met:

(a) free from control or direction over the performance of such services, both under his contract of service and in fact; (b) such service is either outside the usual course of the business for which such service is performed or performed outside of all the places of business of the enterprise; (c) customarily engaged in an independently established trade, occupation, profession, or business.

Details and exceptions

Law: RSA 282-A:9, III

Running payroll in New Hampshire?

Recent changes

Last verified against the official source on October 9, 2026.

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Sources

We copy figures from official sources and re-check them against the source before every update. See our methodology. This is general information, not legal advice.