New Jersey Wage and Hour Laws: Protecting Your Employee Rights

Am I Being Underpaid?

Minimum wage rules in New Jersey vary based on your job, employer size, and even whether you receive tips. If you’re unsure, you’re not alone—and you may be owed more than you think.

They Said I Don’t Get Overtime.

Being salaried doesn’t mean you’re exempt. If you’re working more than 40 hours a week and not being paid for it, your rights may be violated under state law.

I’m Afraid to Speak Up.

New Jersey’s Wage Theft Act protects you from retaliation. You have legal options—and we’ll walk you through them safely and confidentially.

Find Out If You're Owed Back Pay

When Your Paycheck Doesn’t Add Up, You Deserve Answers

In a state with some of the strongest worker protections in the nation, understanding your rights under New Jersey wage and hour laws is essential to ensuring you receive every dollar you’ve earned. When employers fail to pay proper wages, misclassify employees, or violate hour regulations, these aren’t simply mistakes – they’re potentially serious legal violations that rob workers of their rightful compensation.

I understand the confusion, frustration, and financial strain that wage violations create. As an employment attorney focused exclusively on protecting New Jersey workers, I provide personalized legal representation to help you navigate these complex laws and recover the wages you’ve rightfully earned.

My approach combines authoritative legal knowledge with a genuine commitment to your individual situation. You’ll work directly with me throughout your case – not with paralegals or junior associates – ensuring your wage claim receives the attention and expertise it deserves.

Contact me today for a free consultation to understand your rights under New Jersey’s powerful wage and hour protections.

Understanding New Jersey Wage Violations: How Employers Shortchange Workers

New Jersey has enacted robust laws to protect employees from wage theft, but violations remain distressingly common. Understanding the most frequent violations helps you recognize when your rights may have been compromised.

Overtime Pay Theft: Working Extra Hours Without Proper Compensation

New Jersey law requires employers to pay non-exempt employees 1.5 times their regular rate for all hours worked beyond 40 in a workweek. Many employers attempt to avoid this obligation through various tactics:

Misclassifying employees as “exempt” simply by putting them on salary
Failing to count all working time toward the 40-hour threshold
Requiring “off-the-clock” work like preparation or cleanup
Averaging hours across multiple weeks to avoid weekly overtime

The law is clear: most workers are entitled to overtime regardless of their job title or payment method. If you regularly work more than 40 hours weekly without receiving time-and-a-half pay, your employer may be violating New Jersey wage laws.

Minimum Wage Violations: Ensuring You Receive NJ’s Higher Wage Standards

New Jersey’s minimum wage exceeds federal standards, it was $15.13 per hour in 2024 and increased to $15.49 in 2025. Despite these clear requirements, employers frequently underpay workers through:

Paying the lower federal minimum wage rather than New Jersey’s rate
Imposing improper deductions that reduce pay below minimum wage
Failing to make up the difference when tipped employees don’t reach minimum wage
Incorrectly applying the lower rates for seasonal or small businesses

Tipped employees face particular vulnerabilities. While employers can claim a “tip credit” against the minimum wage, they must still ensure workers receive at least $5.62 per hour directly from the employer in 2025, and total compensation (including tips) must equal or exceed the full minimum wage.

Misclassification and Off-Clock Work: Hidden Forms of Wage Theft

Some of the most damaging wage violations occur through misclassification or requiring unpaid work time:

Labeling employees as “independent contractors” to avoid minimum wage, overtime, and benefits
Automatically deducting break time regardless of whether breaks were actually taken
Requiring employees to complete tasks before clocking in or after clocking out
Having employees work “off the books” for partial payment

These practices not only rob workers of immediate wages but can also reduce unemployment benefits, workers’ compensation coverage, and retirement contributions.

The New Jersey Wage Theft Act: Powerful Employee Protections

In 2019, New Jersey dramatically strengthened its wage and hour laws by passing the Wage Theft Act. This landmark legislation gives New Jersey workers some of the strongest wage protection tools in the nation:

Triple Damages for Wage Violations

Under the Wage Theft Act, employees who successfully prove wage violations can recover not just their unpaid wages, but an additional 200% in liquidated damages. This means your employer could owe you three times the amount of wages originally withheld. This powerful remedy serves both to make harmed workers whole and to deter employers from wage theft in the first place.

Extended Time to File Claims

The Wage Theft Act extended the statute of limitations for wage claims to six years – three times longer than federal protections. This gives you substantial time to discover violations and take legal action, even if you’re no longer with the company.

Strong Anti-Retaliation Provisions

Perhaps most importantly, the law creates a legal presumption of retaliation if an employer takes adverse action against you within 90 days of filing a wage complaint. This shifts the burden to the employer to prove they had legitimate reasons unrelated to your wage claim – providing real protection for employees who stand up for their rights.

Criminal Penalties for Repeat Offenders

The law establishes criminal penalties for employers who repeatedly violate wage laws, treating wage theft as seriously as other forms of theft. Third and subsequent violations can be charged as third-degree crimes, potentially resulting in jail time for employers who habitually steal wages.

Recovering Your Unpaid Wages: The Legal Process

When you believe your employer has violated New Jersey wage and hour laws, I provide comprehensive legal representation through every step of the recovery process:

Evaluating Your Wage Claim

The process begins with a thorough assessment of your specific situation. During our free initial consultation, I’ll review:

Your pay stubs, time records, and employment agreements
The specific laws that apply to your situation
The strength of your claim and potential compensation
The best strategic approach for your unique circumstances

This provides you with a clear understanding of your legal position before making any decisions about how to proceed.

Strategic Options for Wage Recovery

Depending on your situation, we may pursue several potential paths:

Filing an administrative complaint with the New Jersey Department of Labor offers a streamlined process for straightforward claims. This government agency can investigate your employer and order wage payments.

In cases involving substantial violations or employer resistance, litigation in state or federal court may be necessary. New Jersey’s courts have extensive experience with wage claims and can enforce the full remedies available under state law.

When multiple employees face similar violations, a class or collective action might be appropriate, allowing workers to combine their claims for greater impact.

Throughout this process, I’ll explain each option’s advantages and potential challenges, empowering you to make informed decisions about your case.

My Commitment During Your Case

Unlike large firms where cases get handed off to junior staff, I personally handle every aspect of your wage claim. This means you’ll have direct access to me at every stage, with regular updates on progress and strategy.

I understand the financial pressure wage violations create, which is why I typically handle these cases on a contingency basis – you pay nothing upfront, and my fee comes as a percentage of what we recover.

Key Differences Between NJFLA and Federal FMLA

Employer Size: NJFLA applies to employers with 30 or more employees worldwide (versus 50+ employees for FMLA), extending coverage to more New Jersey workers.
Broader Family Definition: NJFLA includes care for civil union partners, parents-in-law, and other blood relatives, offering a more inclusive definition of “family.”
Leave Stacking Potential: In certain situations, NJFLA leave can be taken in addition to FMLA leave rather than concurrently, potentially extending your total protected leave time.
Exclusion for Personal Medical Conditions: Unlike FMLA, NJFLA does not cover leave for your own health conditions (but other NJ laws, such as NJLAD, may provide that protection).

Types of New Jersey Wage Claims Keating Law Handles

My practice focuses on addressing the full spectrum of wage and hour violations affecting New Jersey workers:

Minimum Wage and Overtime Recovery

I pursue claims involving failure to pay New Jersey’s minimum wage, unpaid overtime, and improper wage calculations. This includes cases where employers:

Pay below the legally mandated minimum
Fail to pay time-and-a-half for overtime hours
Miscalculate overtime rates by excluding bonuses or commissions
Require off-the-clock work without compensation

Wage Payment Violations

New Jersey’s Wage Payment Law establishes when and how employees must be paid. I handle claims involving:

Missed or delayed regular paydays
Withheld final paychecks
Unauthorized deductions from wages
Bounced payroll checks
Unpaid earned vacation time (where company policy promises payment)

Specialized Employee Protections

Certain categories of workers have additional protections under New Jersey law:

Tipped employees facing tip theft or improper tip credit calculation
Construction workers denied prevailing wages on public projects
Healthcare employees forced to work mandatory overtime in violation of state restrictions
Workers denied proper compensation during family or medical leave

Why Partner With an Experienced Wage and Hour Attorney

Wage and hour cases involve complex legal standards, precise calculations, and strategic decisions. Having dedicated legal representation provides several critical advantages:

First, I bring specialized knowledge of New Jersey’s wage laws, including recent changes and court interpretations that might affect your case. This expertise allows me to identify violations that might not be immediately obvious.

Second, employers typically have legal counsel defending their interests. Having your own attorney ensures someone is equally committed to protecting your rights throughout the process.

Finally, experienced representation often results in more complete recovery. Beyond the unpaid wages themselves, you may be entitled to liquidated damages, interest, and attorney’s fees – elements that might be overlooked without proper legal guidance.

I provide transparent, honest assessments of your case’s strengths and challenges, empowering you to make informed decisions at every stage.

Take Action to Recover Your Unpaid Wages

New Jersey provides powerful tools for employees to recover stolen wages, but these protections only work if you take action. Remember that wage claims must be filed within six years – while this provides substantial time, evidence can disappear and memories fade as time passes.

I offer free, confidential consultations to evaluate your potential wage claim and explain your options. There’s no obligation to proceed, but understanding your rights is the essential first step toward recovering what you’ve earned.

Contact Keating Law to schedule your consultation. Bring any relevant documents (pay stubs, employment agreements, personal records of hours worked) to help assess your situation accurately.

Frequently Asked Questions About New Jersey Wage and Hour Laws

How Do I Know If I Have a Valid Wage Claim?

Several warning signs might indicate a wage violation: consistently working over 40 hours without overtime pay, receiving less than New Jersey’s minimum wage, having unexplained deductions on your paystub, or being asked to work before clocking in or after clocking out.

The best way to determine if you have a valid claim is through a free consultation. Bringing pay stubs, time records, employment contracts, and notes about work hours helps evaluate your situation accurately.

What Will Pursuing a Wage Claim Cost?

Wage cases are typically handled on a contingency basis, meaning you pay nothing upfront. My fee comes as a percentage of what we recover from your employer.

Additionally, New Jersey’s wage laws often require employers to pay the employee’s attorney fees if the employee prevails. This provision helps ensure workers can pursue legitimate claims regardless of their financial situation.

Will I Face Retaliation for Filing a Wage Claim?

New Jersey’s Wage Theft Act provides strong anti-retaliation protections. If your employer takes negative action against you within 90 days of filing a wage complaint, the law presumes it was retaliatory. The employer must then prove by clear and convincing evidence they had legitimate reasons unrelated to your complaint.

If retaliation occurs, you may have additional claims beyond the original wage violation, potentially including reinstatement, back pay, and damages for the retaliatory action itself.

What is the current minimum wage in New Jersey?

The minimum wage for most employees in New Jersey was $15.13 per hour for 2024, but increased to $15.49 per hour effective January 1, 2025.
Small employers (fewer than 6 employees) and seasonal employers have a lower minimum wage, which will gradually increase until it matches the standard rate in 2026. For 2025, this rate is $14.53 per hour.
Agricultural workers have a separate minimum wage schedule, with the 2025 rate set at $13.40 per hour.
The minimum cash wage for tipped employees will be $5.62 per hour in 2025 (up from $5.26 in 2024), and employers must ensure total earnings (wage plus tips) meet at least the full minimum wage.

Am I entitled to overtime pay if I'm on salary?

New Jersey law requires non-exempt employees to be paid 1.5 times their regular hourly rate for all hours worked beyond 40 in a workweek.
Being paid a salary does not automatically exempt an employee from overtime; exemption depends on specific job duties and salary thresholds

Do I have a right to breaks under New Jersey law?

New Jersey does not require employers to provide breaks for adult workers, though many do as a matter of policy. However, if short breaks (5-20 minutes) are provided, they must be paid. Meal breaks of 30 minutes or more can be unpaid only if you’re completely relieved of duties.

How quickly must I receive my final paycheck after leaving a job?

In New Jersey, employers must provide your final paycheck by the next regular payday following your last day of work. This applies whether you quit or were terminated.

I'm an undocumented worker - do wage laws protect me?

Yes. New Jersey wage and hour laws protect all employees regardless of immigration status. The New Jersey Department of Labor does not inquire about immigration status when investigating wage claims.

My employer says I'm an independent contractor - does that matter?

Misclassification as an independent contractor is a common way employers attempt to avoid wage laws. Whether you’re truly an independent contractor depends on several factors, including how much control you have over your work and whether you’re economically dependent on the employer.