New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. Only individuals may file a wage claim. If I was unfairly terminated, can Wage and Hour help me? I cannot afford to pay my employees during the time I am closed. Confirmation number. File a Wage Claim » Check Status of Wage Claim » File a Referral » Upload Documents » Public Works Contractor Registration » Prevailing Wage Rates ». More information is available about the New Jersey Family Leave Act and the federal Family and Medical Leave Act is available on the Civil Rights web site at http://www.state.nj.us/lps/dcr/index.html or by calling (609) 292-4605. In order for NJ DOL to act on your behalf, you must file a claim within two years of the alleged violation. Can my employer force me to take a vacation day(s) for the day(s) the business was closed due to a weather-related emergency? Are employers required to pay benefits such as vacation, severance, holiday pay, etc?A. How does an employer compute the overtime rate for a worker who has two or more job titles with different hourly rates?A. The employment lawyers at Hanan M. Isaacs, P.C., are committed to helping workers get the best possible results in their employment law claims.  Wages and hours, discrimination, retaliation, are all the types of matters that we want to handle for you.  We will work hard to get you the results you deserve. The Law does not permit deductions for failure to return company property of any kind.Q. Do I have to give notice when I quit?When does an employer have to pay final wages to a terminated employee?MINORS / CHILD LABORAt what age does a minor need an employment certificate?What is the procedure for obtaining working papers?Does a minor need new working papers every time he/she changes a job?What kind of work can a minor perform?PAYROLL DEDUCTIONSIs my employer supposed to give me a statement of deductions?Are employers allowed to deduct for shortages or breakage?Can an employer deduct money from my paycheck if I damage company equipment?Can an employer deduct money from my last paycheck if I don't return company property such as an ID tag, cell phone, tools, etc?Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?Can an employer make a deduction for uniforms or uniform maintenance?Can an employer make a deduction from my paycheck or require me to pay for a license, certificate or certification that is required in order for me to perform the job?FREQUENCY OF PAYMENT / METHOD OF PAYMENTHow often must an employee be paid?Can I have my paycheck directly deposited into a bank account?Can an employer pay wages with a payroll debit card?BENEFITSAre employers required to pay benefits such as vacation, severance, holiday pay, etc? What do you do when you believe you are the victim of wage theft, because your NJ employer: In all such cases, your best, fastest, least expensive bet is to file a complaint with the NJ Department of Labor’s Division of Wage and Hour Compliance.  http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.htmlÂ. Please be advised that there is no New Jersey law concerning the requirement for health insurance coverage. Attach copies of any documentation that supports your claim. for a property owned or leased by the State of New Jersey. No. Are breaks and lunches required by law?A. Mailing Address NJ Division of Wage and Hour Compliance P.O. )Employees who were unable to work due to a weather-related emergency or other disaster may be eligible for unemployment benefits. Under New Jersey law, which test should a court apply to determine a plaintiff’s employment status for purposes of the New Jersey Wage Payment Law, N.J.S.A. What do I do if my employer did not pay me all the money I am owed? Like federal law, New Jersey labor law counts as overtime any hours worked beyond 40 in a given week and requires that overtime hours be paid at a rate of one and one-half the employee's regular hourly wage. File a Wage Claim. The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. Yes. Q. Under the NYLL, such claims are subject to a six (6) year statute of limitation, N.Y. In July 2019 the minimum wage in New Jersey increases to $10.00 per hour and will increase in January 2020 and again each January until 2024 when it will reach $15 per hour. 07-4514, DC NJ, 2008) Final note: It is now more important than ever to make sure you understand the ins and outs of the federal FLSA and New Jersey’s wage-and-hour … Can an employer deduct money from my last paycheck if I don't return company property such as an ID tag, cell phone, tools, etc? Can my employer require me to work overtime if I am a health care worker?A. The type of proceeding scheduled is determined by the Wage Collection section. In New Jersey, the law ensures that employees are compensated fairly through a series of provisions known as wage and hour laws. The average hourly rate ($11.22) is divided in half. The employee must consent in writing to being paid with a payroll debit card. If I am a tipped employee, is my employer required to pay the minimum wage rate?A. You must pay overtime after 40 hours of actual work in a 7-day workweek, with the exception of certain salaried employees who meet the definition of an executive, administrative or professional.UNDOCUMENTED WORKERSQ. 34:11-56a25.1. I cannot afford to pay my employees during the time I am closed. We apply New Jersey’s labor laws equally to all workers, regardless of legal status. However, the option of direct deposit may not result in the employee incurring any additional fees as the immediate result of using direct deposit.Q. What happens after I file a claim?A. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction. © 2018 Hanan M Isaacs, P.C. In July 2019 the minimum wage in New Jersey increases to $10.00 per hour and will increase in January 2020 and again each January until 2024 when it will reach $15 per hour. Q. After your claim has been filed, your employer will receive a summons to appear in court in 15 days.Â. An employer can require an employee to work overtime provided the employer pays the appropriate wages and does not violate any existing employer-employee collective bargaining agreement.Q. The Law states "No deduction from the pay of employees for uniforms shall be permitted. 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. No. Information is also available via the internet at www.disasterassistance.gov and www.fema.gov.Q. Can my employer require me to work overtime?A. Can my employer require me to work overtime if I am a health care worker? More information about FLI is available at Temporary Disability & Family Leave Insurance. Q. If you believe your employment was terminated because you complained about your wages, be sure to include this information when you file your wage claim.If you believe your employment was terminated for reasons that constitute discrimination, call the Division on Civil Rights at (609) 292-4605 or visit their website at www.nj.gov/oag/dcr.If your employment was terminated for any other reason, staff in Wage and Hour Compliance cannot assist you. No. nurse, nursing assistant, home health aide, etc., but not a doctor) and you believe your New Jersey employer improperly required you to work overtime. If you filed an online wage claim and have the confirmation number available, please enter it below. If the employer does not have a New Jersey location or an agent the Division will informally attempt to resolve the claim. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?A. Please file a wage claim with the NJ Division of Wage & Hour Compliance if any of the below statements apply: You are an employee working in New Jersey and you have a complaint about unpaid wages. You may wish to contact an attorney for legal advice.Q. The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for administering and enforcing some of the nation's most important worker protection laws. Also, the reduction cannot bring the rate of pay below minimum wage.OVERTIMEQ. Wage Claim ( MW-31A) - Use this form if you are an employee working in New Jersey or you are working for a New Jersey based company and you have a complaint about underpaid or unpaid wages. The 2004 Security Officer Registration Act (N.J.S.A. If an employer chooses to provide benefits, it is up to the employer on how it will be administered. 34:11-56a1 to 56a30, even if paid on an hourly basis, because they fall within the “professional” exemption. If I am a tipped employee, is my employer required to pay the minimum wage rate? Wage & Hour Compliance - File a Wage Claim. No, except in the following circumstances: 1. the employer is authorized to manufacture, distribute or dispense controlled dangerous substances; 2. the employee or prospective employee is or will be directly involved in the manufacture, or dispensing of, or has or will have access to, legally distributed controlled dangerous substances; and 3. the test, which shall cover a period of time no greater than 5 years preceding the test, shall be limited to the work of the employee or prospective employee and the individual's improper handling, use or illegal sale of legally distributed controlled dangerous substances.Q. Holidays + Divorce + COVID-19 = Stress: Has Thanksgiving Turned into Thanksvirus? Can the employer require me to take a pre-employment lie detector test?A. To arrange an initial consultation at a reduced hourly rate, please call or write us today.  We will be happy to help. Can an employer deduct money from my last paycheck if I don't return company property such as an ID tag, cell phone, tools, etc?A. WHD is committed to ensuring that workers in this country are paid properly and for all the hours they work, regardless of immigration status. If you are a bona fide independent contractor, you must bring your claim to the small claims court in the county where the employer resides or conducts business. Box 389 If you work any more than 40 hours per week, New Jersey labor law considers this overtime, and your employer is legally required to pay you 1.5 times your regular hourly rate of pay. FILING A CLAIMAre all employees working in New Jersey covered by the laws enforced by the Division of Wage and Hour Compliance?May I file an anonymous claim?Will my employer be notified that I filed a claim?What can I do to speed up the claim process?Can a group of employees jointly file a claim?If a case representing my claim has already been filed in a court of law, may I file a wage claim?Is there a statute of limitations on filing a wage claim?What do I do if my employer did not pay me all the money I am owed?INDEPENDENT CONTRACTORIf I am a bona fide independent contractor, may I file a wage claim?BANKRUPTCYWhat should I do if my employer has filed for bankruptcy?OUT OF STATE EMPLOYERMay I file a claim if my employer is located out of state?INVESTIGATION PROCESSWhat happens after I file a claim?Will I be notified of the results of the investigation?What happens if the results of the investigation are not in my favor?DISCHARGE OR TERMINATION OF EMPLOYMENTIf I was unfairly terminated, can Wage and Hour help me?Does my employer have to give me notice when he/she fires me? Will I have to pay overtime? In addition, once an investigation is closed the employer has the right, under the Open Public Records Act (OPRA), to request all of the information on the claim however, we will endeavor to protect the identity of a complainant or witness to the maxim extent allowable by law. In July 2019 the minimum wage in New Jersey increases to $10.00 per hour and will increase in January 2020 and again each January until 2024 when it will reach $15 per hour. unemployed need not apply, criminal record inquiries, etc.). All claims for wages and hours must be filed within two years of the asserted violations. )We will review your claim to verify that Wage and Hour Compliance has jurisdiction. What kind of work can a minor perform?A. Yes. EARNED SICK LEAVEAre employers required to pay sick leave benefits? If I have medical benefits and my employment ends, do the benefits continue?A. The employer may issue the payment directly to you or send payment to us, which we will forward to you.There is no way to determine in advance how long it will take to complete the investigation into your complaint. Yes, you may file a claim. Limits of Employment Law: Older Employees Are the First to Go When the American Economy Falters. MINIMUM WAGE / RATE OF PAYHow much is the minimum wage in New Jersey?Do all workers have to be paid the minimum wage?If I am a tipped employee, is my employer required to pay the minimum wage rate?Is the employer allowed to reduce my rate of pay?OVERTIMEWhen is overtime pay due?Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday?If I work 40 hours and get 8 hours of holiday pay for a total of 48 hours of pay for the week, does my employer have to pay overtime for the hours over 40?If an employee wants to work overtime (in excess of 40 hours in the workweek) and will accept straight time, can the employee waive his/her right to overtime pay?How does an employer compute the overtime rate for a worker who has two or more job titles with different hourly rates?Can my employer require me to work overtime?Can my employer require me to work overtime if I am a health care worker? Wage and Hour Compliance will not be able to process your claim if a case representing your claim has already been filed in a court of law.Q. What can I do to speed up the claim process? If you are a state, county, municipal, or board of education employee, you must call the U.S. Department of Labor at (609) 538-8310.Q. Yes. Q. NJ Division of Wage & Hour Compliance - Check Claim Status. If you chose to file by mail, answer all questions on the claim form. Can an employer make a deduction for uniforms or uniform maintenance? It is not a violation of the law for benefit coverage to cease immediately. New Jersey Department of Labor and Workforce Development Can I be required to pay for the lie detector test?A. Overtime must be paid at a rate of time and one-half times the employee's regular rate of pay for each hour actually worked in excess of 40 hours in the workweek.Q. The statement can be provided electronically or in hard copy.Q. janitor, security guard, window cleaner, etc.) Bebe Stores, No. Yes. The new gross amount is $549.66. There is a six (6) year statute of limitations on claims for unpaid minimum wage, overtime and all other claims. Notice is not required by either party based on the fact that New Jersey is an "employment at will" state, meaning that an employer or employee may terminate the relationship at any time, without a reason, without cause.Q. In New Jersey, the statute of limitation for pursuing a claim of unpaid overtime and/or minimum wage rates is two (2) years. If you are concerned about the status of your case, please call the Division at (609) 292-2305 and provide your claim or case number (from your acknowledgement letter) and the claims agent will advise you as to the status. Yes. If you choose to file your wage claim by mail or fax, send your completed form to: Division of Wage and Hour CompliancePO Box 389Trenton, NJ 08625-0389F: (609) 695-1174 INDEPENDENT CONTRACTORQ. 45:19A-1 et seq.) Does a minor need new working papers every time he/she changes a job? All claims for wages and hours must be filed within two years of the asserted violations. The hourly rate is up to your employer; however, effective January 1, 2021 the suggested rate is a minimum of $4.13 per hour. Wage Collection proceedings are conducted either in-person or by telephone. The Wage Payment Law states that an employer cannot make a payroll deduction for a license, certificate or certification that is required in order for an employee to be permitted to perform the job. The Law does not permit deductions for damages to company equipment.Q. Most in-person proceedings are held in Trenton; however, other locations are available upon request. It does not provide any leave entitlement nor any job retention rights. If the employer has a New Jersey location or agent, then the case will be handled through the normal processes. Eligibility for a leave under one or both of these laws depends on whether your employer is covered, the reason you are taking the leave, and the length of your employment. The Division applies New Jersey's labor laws without regard to a worker's legal status. Can an employer pay wages with a payroll debit card? Check Status of Wage Claim. Most hearings are held in Trenton, however, other locations are available upon request.DISCHARGE OR TERMINATION OF EMPLOYMENTQ. If the employee pays for uniforms in cash and the cash payment brings the employee below the minimum wage, the employer shall make up the difference for the minimum wage for that week." Email: Wage.Hour@dol.nj.gov. Confirmation Number *. I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. However, Section 34:11-4.4b(6) of the Wage Payment Law, NJSA 34:11-4.1 et seq., allows deductions including those for: "Payments authorized by employees or their collective bargaining agents for the rental of work clothing or uniforms or for the laundering or dry cleaning of work clothing or uniforms; provided the deductions for such payments are authorized by the employer."Q. If the decision is unfavorable to you, we will notify you by mail, and you will have the option of pursuing your claim through a Wage Collection proceeding. 34:11-4.1, et seq., that section of the New Jersey wage and hour law that regulates administrative responsibilities for New Jersey employers, including time and mode of payment, paydays, payment by direct deposit, lawful … Should you choose to file a claim that identifies you, your employer may see all information related to your claim.  This is their right under the NJ Open Public Records Act (OPRA).  However, if the employer retaliates against you, or threatens to, then that is both a violation of New Jersey law and an independent basis for a claim. However, if the business is licensed for alcohol, the minor cannot work there until age 16 and is limited to specific jobs that do not involve preparing, serving or selling alcoholic beverages. BREAK PERIODSQ. Law §§ 198(3) and 663(3), and such claims are subject to a three (3) year statute of limitation in Massachusetts. Frequently Asked Questions for Healthcare Workers, www.dol.gov/ebsa/faqs/faq_compliance_cobra.html, http://www.nj.gov/labor/ui/content/faq.html, http://www.state.nj.us/lps/dcr/index.html, Newspaper Delivery (minimum age - 11 years old). Effective January 1, 2021, the New Jersey minimum wage  is $12.00 per hour for most workers. The total gross wage is divided by the total number of hours worked to obtain the regular hourly wage. If the employer closes operations due to a weather-related emergency or other disaster for less than a full workweek, then the employer must pay an exempt employee "the full salary for any week in which the employee performs any work without regard to the number of days or hours worked," because "deductions may not be made for time when work is not available."Q. Overtime is paid at the rate of time and one half after forty hours of actual work in a seven-day workweek, with the exception of certain salaried employees who meet the definition of an executive, administrative or professional.Q. 45:19A-1 et seq.) Staff in Wage and Hour Compliance will try not to reveal the complainant's identity to the employer; however, it may not be possible in some situations. Mail or fax your completed claim form to: Fringe benefits like vacation, severance, holiday or any other type of benefit pay are not required by New Jersey State law. Each time you are paid you must receive a statement of deductions listing the gross and net wages and all individually itemized deductions (such as taxes) from your wages. When does an employer have to pay final wages to a terminated employee?A. When does an employer have to pay final wages to a terminated employee? Effective July 1, 2019 New Jersey’s minimum wage is $10/hour. Wage Claim (MW-31A) – Use this form if you are an employee working in New Jersey or you are working for a New Jersey based company and you have a complaint about underpaid or unpaid wages. The regular hourly wage is $11.22 per hour.The employee is still due the additional premium pay (half-time) for the 6 overtime hours. Are employers required to pay employees when they are unable to work due to a declared state of emergency? Lab. No. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing? Wage and Hour Claims. A New Jersey federal court recently held that a six-year, not a two-year, statute of limitations applies to claims under the New Jersey Wage Payment Law, N.J.S.A. There are special regulations involving health care workers and mandatory overtime. Do not use this form if you have a wage claim – Use form MW-31A, Wage Claim. For information on COBRA, visit the United States Department of Labor's website at: www.dol.gov/ebsa/faqs/faq_compliance_cobra.html. Yes, but unless you are applying for a security guard position, the employer or prospective employer cannot deduct the cost for this from the employee's pay or require the employee or prospective employee to pay for the cost of such drug testing, medical examinations, visual exams, etc. No. I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. The reduction cannot be made retroactively for any time worked. Q. Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday? You can file a Wage Claim for monies due. 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.Q. Do I have to give notice when I quit?A. However, I now want to give my hourly employees extra hours (over 40) to make up the time. Are employers required to provide health insurance coverage? Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?A. Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave? You may file a wage claim online or by mail. Usually, when there is a field investigation, you will be contacted by the field investigator who will provide you with his or her telephone number so that you can make future contact about the status of your claim.Q. Q. This is the amount that must be paid to the employee for the week.Q. An employer may discontinue medical benefits however, the employer is required to give notice if the medical benefits are being discontinued or the medical benefits are changing. I cannot afford to pay my employees during the time I am closed. Is there a statute of limitations on filing a wage claim? Employees who are not entitled to overtime pay include: New Jersey employers are not required by law to pay you for meal breaks or rest periods, although you are entitled to both.  Your employer must also receive your written approval to deduct earnings from your wages for retirement accounts, medical care, and uniform cleaning. Overtime must be paid at a rate of time and one-half times the employee's regular rate of pay for each hour actually worked in excess of 40 hours in the workweek.Q. When is overtime pay due?A. Will I have to pay overtime?UNDOCUMENTED WORKERSIf the investigation reveals that there are undocumented workers, what will happen?LIE DETECTOR AND DRUG TESTSCan the employer require me to take a pre-employment lie detector test?Can I be required to pay for the lie detector test?Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?FAMILY LEAVEAm I eligible for Family Leave?Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave? Does my employer have to give me notice when he/she fires me? The law takes effect on October 29, 2018. states that applicants for security guard positions are responsible for the payment of any registration costs with the State Police, which includes drug testing, fingerprinting, criminal background checks, etc.FAMILY LEAVEQ. Division of Wage and Hour Compliance Can I have my paycheck directly deposited into a bank account? On November 16, 2011, the New Jersey Appellate Division held that registered nurses are exempt from overtime compensation under the New Jersey Wage and Hour Law (“NJWHL”), N.J.S.A. The Division of Wage and Hour Compliance does not investigate or inquire into the legal status of any worker. Are employers required to pay employees when they are unable to work due to a declared state of emergency?A. Under New Jersey law, employers are required to pay employees at least an hour at the applicable wage rate for reporting to work, with some exceptions. Are employers allowed to deduct for shortages or breakage? These employees fall under the jurisdiction of the Federal Wage and Hour Division. It is illegal for employers or prospective employers to make such a deduction from the wages of any employee or require that employee to pay any sum for drug or any other pre-employment testing. Ages 14 and 15 - May perform work in offices, hotels, restaurants, retail stores, etc. May I file a claim if my employer is located out of state?A. Does the employer have the right to change an employee's hours of work?A. Mandatory Overtime in a Health Care Facility – Complaint Form (MW-31OT) – Use this form if you are a health care worker who provides direct patient care (e.g. May I file an anonymous claim?A. These laws provide employees with the right to receive fair pay by establishing a minimum wage or prevailing wage for some jobs and by providing rules for overtime pay. No. However, I now want to give my hourly employees extra hours (over 40) to make up the time. Can a group of employees jointly file a claim?A. Be sure to answer all questions as accurately as possible - whether you file online or by mail. N.J.S.A. What is the procedure for obtaining working papers? What happens if the results of the investigation are not in my favor?A. However, if the license, certificate or certification is the property of the employee, not exclusive to one employer and is required to perform the job, the employee can be required to pay for it, although not by means of a payroll deduction.FREQUENCY OF PAYMENT/METHOD OF PAYMENTQ. New Jersey Wage & Hour Online Services File a Wage Claim » Check Status of Wage Claim » File a Referral » Public Works Contractor Registration » Prevailing Wage Rates » Division of Wage & Hour Compliance PO Box 389 Trenton NJ 08625-0389 P: (609) 292-2305 F: (609) 695-1174 However, benefits must be administered uniformly in accordance with the established policy, employment agreement or union contract. What should I do if my employer has filed for bankruptcy?A. May I file a claim if my employer is located out of state? COVID-19 Divorce Counseling, Commiseration, and Crisis Management. If you filed your claim online, you may If I was unfairly terminated, can Wage and check the status of your claim by going to wagehour.nj.gov (have your confirmation number available). Can my employer force me to take a vacation day(s) for the day(s) the business was closed due to a weather-related emergency?A. The following are general questions applying to most workers. What should I do if my employer has filed for bankruptcy? The NJ Division of Wage and Hour Compliance does not have jurisdiction over complaints involving Family Leave. Fairly through a series of provisions known as wage and Hour law, http: //www.state.nj.us/lps/dcr/index.html or Telephone... Me? a a violation of the workers have to pay for the lie detector test? a, if... Case will be notified of the minor on behalf of a putative class the FLSA, tipped employees must filed. View the Frequently Asked questions for Healthcare workers for more information about FLI is at! 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