New Jersey Overtime and Labor Laws
Below is an overview of the minimum wage and overtime pay laws that apply to workers in the state of New Jersey. Private actions to enforce New Jersey’s wage and hour laws, and recover unpaid overtime due to workers, are commonly brought (on a contingent fee basis) by employment law firms such as The Lore Law Firm. If you believe that you have been deprived of the overtime pay that you are legally entitled to, please contact us for a free and confidential review of your situation.
New Jersey State Wage and Hour Law
Like the Federal Fair Labor Standards Act (FLSA) this law establishes the state’s minimum wage requirement, currently set at $8.60 per hour as of January 1, 2018. The minimum wage was $8.44 per hour in 2017. The prior rate was set at $8.38 per hour as of January 1, 2015, and the overtime pay rate is set at 1.5 times the employee’s hourly wage, with certain exemptions.
It allows for employment for the disabled and sets forth special guidelines for their wages and working conditions.
It sets mandatory overtime restrictions for healthcare workers only and stipulates the conditions under which health care facilities may require mandatory overtime from certain hourly workers.
Statute of Limitations
Under New Jersey state law, a claim for unpaid overtime wages is subject to a 2 year statute of limitations – meaning unpaid overtime wages may be recovered for a 2 year period prior to the filing of a lawsuit.
Remedies / Penalties
Workers are able to recover unpaid overtime wages, additional/liquidated damages, along with costs and attorney’s fees.
NJ Labor Laws
Workplace Standards Protected Under New Jersey Labor Law
The Division of Wage and Hour Compliance administers and enforces NJ labor laws such as minimum wage, method of wage payment and by enforcing child labor restrictions. Though not all states have their own state overtime laws and labor laws, the following workplace standards are covered under NJ labor laws and are regulated by the Division of Wage and Hour Compliance.
- Minimum Wage ( Wage and Hour Law)
- Overtime Wage Rate ( Wage and Hour Law)
- Mandatory Overtime Restrictions (Wage and Hour Law)
- Sheltered Workshop (Wage and Hour Law)
- Unpaid or Withheld Wages (State Payment Law)
- Fringe Benefits (State Payment Law)
- Employee Improper Misclassifications as Contractors (Construction Industry Independent Contractor Act)
New Jersey State Payment Law
This law sets the guidelines for unpaid or withheld wages stipulating the time, manner, and mode of payment and prohibits the withholding of wages for illegal deductions such as breakage, spillage and cash register shortages.
Payment Law protects employer fringe benefits packages.
New Jersey Child Labor Law
This law protects the rights of children under the age of 18 in the workplace by setting specific hours, defining the type of occupations permitted to be performed, and requires the issuance of proper employment certificates for minors.
New Jersey Crew Leader Registration Act and Selected Farm Labor Laws
These laws require the registration of crew leaders, and outlines minimum wage and wage payment standards, and authorizes the investigation and site inspection of migrant farm labor camps, drinking water and toilet facilities, contractors, growers and food processors operating in the State of New Jersey.
Construction Industry Independent Contractor Act
This Act addresses the improper classification of employees as independent contractors in the construction industry.
It stipulates wages for Construction project workers who are subsidized by public funds by setting rates and payment requirements.
And it establishes a fair bidding mechanism for both union and non-union employees.
Under the New Jersey Conscientious Employee Protection Act “Whistleblower Act”, employees are encouraged to report illegal and/or unethical workplace activities and this Act prohibits employees to retaliate. It is important to note that you as an employee do not have to be correct in your belief that the employer has conducted illegal or unethical acts. Rather, you only need to have an objectively reasonable belief that the employer’s act is illegal, fraudulent or criminal.
If you feel that your employer has violated any of the NJ labor laws, contact the Lore Law Firm today to see whether or not you may have a case.