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Independent Contractor Test in New Hampshire

New Hampshire applies the ABC test for unemployment insurance: work for wages is employment unless all three conditions are shown.

Last checked . General information, not legal advice.

New Hampshire at a glance

Test for unemployment insurance
ABC test
Work for wages is employment unless the commissioner is shown that all three conditions are met.
ABC test for unemployment
Yes

Sources

Last checked

The rules in New Hampshire

Which test does New Hampshire use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in New Hampshire: ABC test. Work for wages is employment unless the commissioner is shown that all three conditions are met.

Does New Hampshire apply the ABC test for unemployment insurance?

Yes. ABC test for unemployment in New Hampshire: yes.

Where do the New Hampshire independent contractor tests come from?

The rules above come from N.H. Rev. Stat. 282-A:9, III. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.