By Granite State Report Staff for the “Voices from the Margins” series
Dateline: October 24, 2025 — Concord, NH
New Hampshire’s workforce is quietly split. On one side, a smaller share of workers are covered by collective bargaining agreements that can standardize pay, hours, and safety protections. On the other side are the majority—service workers, temps, home-care aides, retail clerks, delivery drivers, dishwashers, and a growing pool of “1099” independent contractors—who go it alone. This report examines the reality of those workers without a union in the Granite State: the wages they earn, the risks they shoulder, the legal landscape they navigate, and what’s changing on the ground.
The snapshot: who’s unorganized in New Hampshire—and what that means
New Hampshire’s overall union membership rate sat at 9.2% in 2024 (roughly 62,000 members out of 678,000 employed), little changed from 2023. That means more than nine in ten workers in the state are not union members, and about 10.6% are covered by a union contract when including non-members in union shops—still a minority. (Bureau of Labor Statistics)
At the national level, the union membership rate was 9.9% in 2024, also relatively flat year-over-year, underscoring how the typical U.S. worker—like the typical NH worker—relies on individual leverage rather than collective bargaining when asking for a raise or safer conditions. (Bureau of Labor Statistics)
New Hampshire is not a “right-to-work” state, and repeated attempts to pass such legislation have failed again in February 2025. That matters because right-to-work rules weaken union finances and density over time by allowing workers to avoid paying any share of bargaining costs while still benefiting from contracts. The NH House again defeated HB 238 this session (200–180), effectively killing the bill for the year. (New Hampshire Public Radio)
For workers without a union—by far the majority—the practical question is simple: What protections remain, and do they work?
Wages at the bottom: a floor that hasn’t moved
New Hampshire follows the federal minimum wage of $7.25/hour, a rate unchanged since 2009. There is no higher local city or town wage anywhere in the state, and tipped workers can be paid a base of $3.26–$3.27/hour so long as tips bring them to at least $7.25. Neighboring states have substantially higher floors, intensifying cross-border labor competition. (AP News)
That low wage floor hits nonunion workers hardest in sectors where organizing is scarce:
- Home health & personal care aides: 2023 median annualized pay ≈ $34,420 in NH, far below the statewide median for all occupations (≈ $49,980). (New Hampshire Fiscal Policy Institute)
- Child care workers: median ≈ $32,490—again, well under the statewide occupational median. (New Hampshire Fiscal Policy Institute)
These roles are dominated by women and immigrants nationwide and are structurally resistant to unionization (dispersed workplaces, heavy subcontracting, high turnover). In New Hampshire, the result is predictable: chronic shortages and low pay in home care that advocates say have “gone off the cliff.” (NH Business Review)
Enforcement reality: wage theft isn’t hypothetical
Without a union contract, workers rely on state and federal enforcement against wage theft—unpaid overtime, stolen tips, off-the-clock work, illegal deductions. Recent cases show the problem is not rare:
- Manchester (2024): U.S. Department of Labor recovered $184,008 in tips, back wages, and damages for 56 restaurant employees at two NH restaurants. (DOL)
- Concord (2023): Federal court ordered $911,568 in back wages and damages to 99 workers across restaurant locations in NH and MA. (DOL)
- Londonderry (2022): Two La Carreta locations agreed to pay $890,169 in back wages and damages to 63 workers. (WMUR)
- Concord (2023): DOL recovered $266,000 for 34 employees after an employer kept workers’ tips. (DOL)
Nationally, enforcement agencies and local efforts recovered more than $1.5 billion in stolen wages between 2021 and 2023—a sliver of total violations, but a sign of the scale. (Economic Policy Institute)
How workers can file claims in NH: The NH Department of Labor maintains an online wage claim portal with a 36-month window for claims; the site also posts selected wage-claim decisions. (New Hampshire Department of Labor)
Misclassification: when a “contractor” is really an employee
Many nonunion workers are labeled independent contractors, losing access to unemployment insurance, workers’ comp, overtime, and the right to organize under the National Labor Relations Act. New Hampshire operates a joint state portal for reporting suspected misclassification and publishes guidance on why correct classification matters. (New Hampshire Business Portal)
At the federal level, the rules are shifting. In March 2024, a federal court vacated the National Labor Relations Board’s (NLRB) broader joint-employer rule, restoring the narrower 2020 standard (for now). That ruling affects franchise and contracting arrangements common in low-wage sectors. (Reuters)
Meanwhile, the Board’s Cemex decision (Aug. 2023) altered union recognition dynamics: if a union shows majority support and an employer commits serious unfair labor practices, the NLRB can order bargaining without a new election. That makes retaliation during campaigns riskier for employers—but it also requires workers to organize to that threshold in the first place. (Reuters)
Bottom line: For unorganized NH workers, misclassification remains a powerful tool that shifts risk onto individuals, while legal crosswinds at the NLRB can either open or close doors depending on the case.
Safety: the unseen cost of going it alone
Workplace injuries and fatalities disproportionately affect workers without robust safety committees and contractually enforceable protections. In 2023, 21 workers died from occupational injuries in New Hampshire, with transportation incidents and contact injuries among the leading causes. Construction, administrative and waste services, and trade/transportation/warehousing featured prominently. (Bureau of Labor Statistics)
National context matters here: OSHA’s 2024 data releases and the AFL-CIO’s 2025 safety report show thousands of deaths and millions of injuries annually, with high rates in agriculture, transportation, and construction. Even where fatalities dipped slightly in 2023, the burden remains heavy. (OSHA)
For a nonunion worker, a contractually mandated joint loss management committee or a steward who can halt unsafe work may not exist. The state does require safety programs and provides workers’ comp resources, but enforcement is largely complaint-driven. (New Hampshire Department of Labor)
Benefits and leave: a voluntary patchwork
New Hampshire launched the first-in-the-nation voluntary Paid Family and Medical Leave (PFML) program—NH PFML—effective January 1, 2023. It provides up to six weeks of wage replacement (typically 60% of average weekly wage) for covered reasons. Crucially, participation by private employers is voluntary; individual workers can buy in if the employer does not. (Mutual of Omaha)
Unlike neighboring states, New Hampshire has no statewide paid sick leave mandate for private employers; policies are left to employer discretion (federal FMLA still governs unpaid leave where applicable). That leaves many nonunion service workers choosing between a paycheck and staying home sick. (LegalClarity)
This regional contrast is stark. In Connecticut, for instance, minimum wage and paid sick-time requirements have ratcheted up in recent years, affecting the labor market just across the border. (CT Insider)
Where nonunion workers are concentrated—and why that matters
- Restaurants & Hospitality
Tip-credit rules and the low statutory wage floor create intense vulnerability to tip skimming, off-the-clock work, and misclassification of back-of-house roles as “exempt.” Recent NH DOL and federal actions show systemic issues. (DOL) - Home Care & Child Care
Low wages and thin margins drive turnover and staffing crises; atomized workplaces make union drives hard. The result: tens of thousands of clients with unmet care needs and workers hovering near poverty. (New Hampshire Fiscal Policy Institute) - Construction & Subcontracting Chains
Short-term crews, layered subcontractors, and 1099 arrangements raise misclassification risk and diffuse legal responsibility for safety and pay. NH’s state portal exists, but requires a worker (or competitor) to report it. (New Hampshire Business Portal) - Retail & Warehousing/Delivery
Scheduling instability, time-clock rounding, unpaid security checks, and injuries from pace-of-work pressures are recurring themes nationally. NH’s 2023 fatality profile shows transportation and material moving as a key exposure. (Bureau of Labor Statistics)
Politics & policy: right-to-work keeps failing, minimum wage keeps lagging
Right-to-work: The 2025 defeat in Concord extended a 40-year losing streak for right-to-work efforts here. Supporters frame it as “choice” and a magnet for business. Opponents argue it depresses wages and weakens worker power. The underlying reality for nonunion workers is more ambivalent: right-to-work doesn’t build new rights for the unorganized; it mainly reshapes union finance and density. (New Hampshire Bulletin)
Minimum wage: With the federal floor stalled for over a decade, Granite Staters earning the minimum compete with higher floors in MA, ME, and VT. That exerts outward pressure (workers chase better pay), undercutting low-wage employers who refuse to raise wages but also punishing workers who can’t easily commute. (AP News)
Federal labor law volatility: The Cemex framework and the vacated joint-employer rule pull in opposite directions for low-wage, fissured workplaces. Organizing remains legally possible, but practical barriers—fear, turnover, retaliation—are real. (Venable)
What recourse exists today (practical guide)
- File a wage claim (unpaid wages, overtime, illegal deductions): NH DOL’s online portal; 36-month window. Keep your timesheets, pay stubs, schedules, and texts. (New Hampshire Department of Labor)
- Whistleblower protections: State law prohibits retaliation for reporting violations; document everything and note timing of any adverse action. Selected decisions are public. (New Hampshire Department of Labor)
- Misclassification reports: Use the state’s referral form if you suspect “contractor” labels are being abused. (New Hampshire Business Portal)
- Workers’ comp: Injured on the job? The state maintains employee resources and forms; report promptly. (New Hampshire Department of Labor)
- Paid family & medical leave: Ask HR if your employer participates in NH PFML. If not, individual enrollment may be possible. Benefit = up to 6 weeks at ~60% wage replacement. (paidfamilymedicalleave.nh.gov)
The human stakes: real cases and testimony
Restaurant workers in multiple NH cases have recovered hundreds of thousands of dollars for stolen tips and unpaid overtime, showing both the prevalence of violations and the power of enforcement when used. (DOL)
Care aides are the backbone of elder care: the median NH pay barely clears $34k, and agencies report losing staff to less demanding, better-paid work. Families pay the service gap when a shift goes unfilled. (New Hampshire Fiscal Policy Institute)
Transportation and warehousing workers face outsized injury risks. In 2023, New Hampshire recorded fatality events linked to transportation, contact with objects, and falls—patterns seen nationwide. (Bureau of Labor Statistics)
These realities are amplified when a worker lacks a contract, a steward, or a grievance process. The law may promise a remedy, but the road to it is long, atomized, and often risky.
Debate on tipping, wages, and “freedom of choice”
New Hampshire’s hospitality sector is a microcosm of the broader wage debate. Industry leaders argue that preserving the tip credit protects restaurants and—because servers often out-earn base pay—protects tipped workers’ income. Worker advocates counter that tip-dependent pay enables instability and retaliation and that theft cases show the system’s weak spots.
For a window into the debate, here are two perspectives:
- Tom Boucher, Great New Hampshire Restaurants, testifying in favor of preserving the tip credit (YouTube video and testimony excerpt). (YouTube)
- Right-to-Work supporters’ testimonies compiled by advocates backing HB 238 (contrasting with the bill’s defeat). (YouTube)
Neither video settles the question, but together they show how wage policy is framed to the public—and why nonunion workers remain at the center of the argument.
- NH tipped wage debate (Great NH Restaurants)
Source. (YouTube)
- Workers’ Compensation in New Hampshire (state webinar)
Source. (YouTube)
- Pro-Right-to-Work testimonies (advocacy video)
Source. (YouTube)
(Editorial note: We include opposing perspectives to help readers evaluate the policy stakes; inclusion is not endorsement.)
What would materially improve life for nonunion workers in NH (policy menu)
Raise the wage floor. With MA at or above $15 and CT moving higher, restoring buying power for the lowest-paid NH workers would reduce poverty without depending on organizing in ultra-fissured sectors. The gap with neighbors is a talent drain. (CT Insider)
Resource wage-theft enforcement. The cases above repay stolen wages but arrive years late. Adding investigators, leveraging data analytics, and targeting high-violation industries are proven best practices for misclassification and wage-theft task forces. (National Employment Law Project)
Clarify contractor tests across agencies. New Hampshire currently applies different tests via NHES and NHDOL; harmonizing standards would cut gamesmanship and reduce confusion for honest employers. (McLane Middleton)
Strengthen anti-retaliation and make damages real. Fear of firing silences complaints. Doubling or trebling damages, plus attorney’s fees, changes the calculus for low-wage workers considering a claim (several states already do this; NH could, too). (Synthesis based on enforcement literature.) (Economic Policy Institute)
Make NH PFML universal in practice. The voluntary PFML structure is better than nothing but misses many nonunion workers. Boosting take-up through auto-enrollment or employer incentives would convert a patchwork into a functioning safety net. (paidfamilymedicalleave.nh.gov)
Encourage sectoral solutions. For home care, where the “workplace” is thousands of private homes, sector-wide wage standards and reimbursement reforms (Medicaid rates) are often more effective than site-by-site organizing. The staffing crisis won’t fix itself. (NH Business Review)
A realistic organizing map for the unorganized
Even without a union, workers can document, report, and negotiate more effectively when they act together—even informally.
- Document everything: real hours worked, tip pools, break times, manager instructions. If you later file a claim, your paper trail is your leverage. (New Hampshire Department of Labor)
- Use legal triggers: Under Cemex, if a majority support unionization and the employer commits serious unfair practices, bargaining can be ordered. Awareness of that risk sometimes deters retaliation. (Venable)
- Misclassification? Report it. If you’re told you’re a “contractor” but managed like an employee—fixed schedules, supervision, provided tools—submit a referral. The state’s portal streamlines it. (New Hampshire Business Portal)
- Safety escalations: Know the workers’ comp and OSHA complaint pathways; for serious imminent dangers, time is safety. (New Hampshire Department of Labor)
What we heard—and what we didn’t
We reviewed public records, court filings, state portals, OSHA/BLS data, and recent legislative coverage to triangulate conditions for New Hampshire workers without a union. Wage-theft recoveries aren’t rare; fatality data are sobering; misclassification remains a live issue; and policy inertia on the minimum wage and paid sick leave leaves the most vulnerable without a net. We did not quote anonymous workers in this piece; in the current climate, that can put people at risk. Instead, we’ve foregrounded verifiable cases and official data.
“Voices from the Margins” will continue to report out—on and off the record—as we build trust with sources in restaurants, home care, warehousing, and small retail across the state.
Resources (practical links)
- File an NH wage claim (36-month window) — NH DOL. (New Hampshire Department of Labor)
- Report suspected misclassification — NH state cross-agency portal. (New Hampshire Business Portal)
- Workers’ compensation info and forms — NH DOL. (New Hampshire Department of Labor)
- NH PFML (Paid Family & Medical Leave) — program details & annual report. (paidfamilymedicalleave.nh.gov)
- BLS union membership (state table) — latest NH rates. (Bureau of Labor Statistics)
- BLS NH fatal occupational injuries (2023) — event and industry breakdown. (Bureau of Labor Statistics)
- NH Minimum Wage overview — NH DOL wage & hour. (New Hampshire Department of Labor)
References
- Union membership (national & state): Bureau of Labor Statistics, Union Members—2024; Table 5: Union affiliation by state (NH: 9.2% in 2024). (Bureau of Labor Statistics)
- Right-to-Work (2025 defeat): NHPR; New Hampshire Bulletin. (New Hampshire Public Radio)
- Wage theft cases (NH): U.S. DOL news releases; WMUR reporting; Patch recap. (DOL)
- National recoveries 2021–2023: Economic Policy Institute report. (Economic Policy Institute)
- NH wages in caregiving: NH Fiscal Policy Institute; O*NET/BLS wage tables. (New Hampshire Fiscal Policy Institute)
- Safety data: BLS CFOI New Hampshire (2023); OSHA 2024 injury/illness data release. (Bureau of Labor Statistics)
- Misclassification & joint employer: NH state guidance; 2024 court decisions vacating NLRB rule. (New Hampshire Mental Health)
- Cemex framework: Reuters summary; Venable analysis. (Reuters)
- NH PFML: State PFML site and Year-1 Annual Report (2024). (paidfamilymedicalleave.nh.gov)
- Minimum wage regional contrast: AP coverage of New England wage changes; CT Insider update. (AP News)
Editor’s note (Granite State Report)
This is the first in a series mapping the lived reality of unorganized workers in New Hampshire. We’ll follow with deeper dives into three sectors: restaurants/hospitality; home and community-based care; and construction/warehousing. If you’re a worker with a story (or documentation) and want to talk safely, our inbox is open.
Fact boxes for reuse in GSR graphics
- Union membership, NH (2024): 9.2% (members), 10.6% (represented). (Bureau of Labor Statistics)
- Minimum wage, NH (2025): $7.25/hour; tipped base ≈ $3.26–$3.27. (New Hampshire Department of Labor)
- Occupational fatalities, NH (2023): 21. Leading events: transportation, contact with objects, falls. (Bureau of Labor Statistics)
- NH PFML: Voluntary; ~6 weeks at ~60% wage replacement; individual worker buy-in available. (paidfamilymedicalleave.nh.gov)
How this affects the broader New Hampshire economy
A low wage floor and voluntary benefits structure can make NH attractive to some employers—until retention, training costs, and enforcement liabilities catch up. The state’s refusal to adopt right-to-work, combined with a still-low union density, leaves worker power concentrated in the public sector and a small band of private employers. The nonunion majority remain the canaries in the coal mine: when wages stagnate and injuries rise, the whole economy eventually pays—via Medicaid reimbursements, turnover, and lost productivity.
The story of unorganized labor in New Hampshire is thus the story of all of us: the price of dinner service, the reliability of elder care, the safety of the road crew patching your street. In the months ahead, we’ll test which policy levers actually move the needle—and which are just talking points.
