New Jersey Labor and Overtime 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

Minimum Wage


New Jersey’s minimum wage is currently set at $8.60 per hour as of January 1, 2018. The prior minimum wage rate was $8.44 per hour in 2017 and $8.38 per hour in 2015.

Several types of employees are exempt from the New Jersey minimum wage regulations, including:
  • Full-time students employed by a college or university if they earn at least 85% of the minimum wage rate
  • Outside salespeople
  • Motor Vehicle salespeople
  • Part-time employees caring for children in the employer’s home
  • Employees of summer camps, conferences, retreats operated by non-profit or religious organizations during the months of June, July, August, or September
  • Tipped employees


Overtime Pay


Under New Jersey state overtime laws, overtime pay at a rate of 1.5 times the employee’s hourly wage must be paid after 40 hours in a 7-day workweek.



Overtime Exemptions


Several types of employees are exempt from the New Jersey overtime pay regulations, including:
  • Bona fide Executive, Administrative, Professional, and Outside Sales employees are exempt from the overtime requirements under New Jersey state labor laws.
  • The Administrative exemption also includes employees whose primary duty is selling and who receive at least 50% of their total compensation in commissions.
  • Employees of a common carrier of passengers by motor bus are exempt from New Jersey state overtime regulations.
  • Outside Salespeople
  • Employees subject to applicable wage orders
  • Employees working on a farm
  • Employees working in a hotel
  • Limousine drivers employed by a limousine business
  • Employees working in seasonal amusement occupations

Under the federal Fair Labor Standards Act (FLSA), the minimum weekly salary required for the Executive, Administrative, and Professional exemptions is $455 per week.  Since these positions are not exempt from New Jersey’s minimum wage requirements, an otherwise exempt employee’s salary must be high enough to equal minimum wage for all hours worked.  For example, if an Executive, Administrative, or Professional employee works 55 hours per week, their salary must be at least $473 (minimum wage $8.60 x 55 hours) or their employer will not be complying with the NJ minimum wage requirements.



Holidays & Vacation in New Jersey


No additional pay is required for working on a holiday.  Fringe benefits, such as holiday pay, sick leave, or vacation leave, are not required by New Jersey state labor laws.



New Jersey Breaks & Meals


New Jersey state law does not require breaks or meal periods for employees over the age of 18.



Pay Periods / Pay Statements


The New Jersey Wage Payment Law requires employees be paid at least twice per month on regularly designated paydays.  However, bona fide executive, administrative, and professional employees can be paid once a month.  Employees must receive a statement for each pay period listing gross wages, net wages, and itemized deductions.



Deductions


Employers are prohibited from making deductions from an employee’s pay other than those authorized by law (such as taxes).

Statute of Limitations


The statute of limitations for bringing wage and hour claims under New Jersey state law is two (2) years, so back wages can be recovered for the 2 years prior to the date of filing.



 

Retaliation


The New Jersey Wage and Hour law prohibits an employer from firing or retaliating against an employee for pursuing a wage and hour claim.



Questions?

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