New Jersey Wage and Hour Laws
In New Jersey, federal and state laws govern pay day laws including wage and hour requirements. The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA). The major state laws governing pay day requirements is known as The New Jersey State Wage and Hour Law. It regulates how much workers must be paid, how many hours they can be required to work, and the special rules that apply to younger workers.
Here, we will focus on New Jersey wage and hour laws, including pay day requirements (frequency and manner), minimum wages, and overtime pay. See FindLaw's Wage and Hour Laws section for additional articles and resources.
Pay Day Requirements: How Often?
New Jersey employers must pay their hourly employees every two weeks (or more frequently), depending on the terms of the employment contact.
Method of Payment
An employer may pay wages by cash, check, or direct deposit, so long as the employee consents.
What is the Minimum Wage in New Jersey?
The minimum wage for employees in New Jersey is $8.60 per hour.
When is an Employee Entitled to Overtime Pay?
If an eligible employee works more than 40 hours in a single week, he or she will be entitled to 1 1/2 times their hourly pay rate. Certain workers are exempt from receiving overtime pay such as executives receiving a salary or elected officials.
Is There a Penalty for Failing to Follow Pay Day Laws?
Yes. Failure to pay the legal minimum wage and other violations may result in payment of back wages and civil or criminal action where warranted. Click here to file a claim or make a report.
See Fair Wages FAQ, Exempt Employees, and Employees Rights 101 for more information.
Wage and Hours in the Workplace
1) Fair Labor Standards Act (FLSA)
2) N.J.S.A. 34:11-56a et seq.
|Pay Day Requirements||
Employers are required to pay wages at least twice during each calendar month, on regular paydays designated in advance by the employer. However, for certain executive, supervisory or other special classes of workers, payment can be made once a month as long as there is a regularly established schedule.
|Method of Payment||
Cash, Check and Direct Deposit or Payroll Debit Card.
Hourly Employees $8.60 per hour
Tipped Employees: Your total earnings (hourly wage plus tips) must equal at least the minimum wage per hour. The hourly rate is up to your employer; however, the suggested rate is a minimum of $2.13 per hour. If the hourly rate plus tips does not equal at least the minimum wage per hour, the employer is required to make up the difference.
Most employees in New Jersey must be paid overtime compensation for any hours they work over 40 straight time hours per week. Overtime compensation is 1-1/2 times the employee's straight time rate of pay.
Exempt from the overtime pay
|Are Salaried Employees Entitled to Overtime?||Not usually. Some employees are exempt from overtime, such as executive, administrative, and professional employees, as well as supervisors who are employed solely to supervise. Your actual daily job duties and what your employment contract states determine if you are eligible for overtime.|
|Workers Not Covered Under State Minimum Wage Law||
The mandatory break law only applies to minors under the age of 18 and they must be given a thirty (30) minute meal period after five (5) consecutive hours of work. Company policy dictates break and lunch periods for anyone over the age of 18.
|Farm Workers||Employees engaged on a piece-rate basis to labor on a farm must be paid for each day worked not less than the minimum hourly wage rate multiplied by the total number of hours worked.|
Criminal: Any employer who violates the law can be guilty of a disorderly persons violation and face a fine of not less than $100 nor more than $1,000.
Note: State employment laws are constantly changing. Please consider contacting a local employment law attorney who can help you better understand current New Jersey laws.
Get Legal Help With Your New Jersey Wage and Hour Claim
Getting paid for the work you do should go without question, but sometimes employers either make mistakes or intentially try to withhold wages. If you believe you're not being paid what you're owed, you owe it to yourself to pursue a claim. Consider speaking with a New Jersey employment law attorney today.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
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