Can my employer require me to work overtime?A. However, I now want to give my hourly employees extra hours (over 40) to make up the time. The New Jersey Wage and Hour Law and the federal Fair Labor Standards Act set forth minimum requirements for the payment of wages, including salary, commissions, vacation time, and certain bonuses. Is my employer supposed to give me a statement of deductions? If the investigation reveals that there are undocumented workers, what will happen? No, unless the employee physically worked over 40 hours in the workweek. New Jersey Department of Labor and Workforce Development What do I do if my employer did not pay me all the money I am owed? In New Jersey, the statute of limitation for pursuing a claim of unpaid overtime and/or minimum wage rates is two (2) years. Is there a statute of limitations on filing a wage claim? The employer can reduce your rate of pay as long as you are given advance notice of the reduction. 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?A. No. NJ Division of Wage & Hour Compliance - Check Claim Status. 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. The Division of Wage and Hour Compliance does not investigate or inquire into the legal status of any worker. The employer must disclose the features of the payroll debit card (for example, withdrawal at any ATM or point-of-sale use), including any fee(s), which may be charged to the employee. The overtime rate due the employee is calculated as follows:30 hours x $12.00 per hour = $360.0016 hours x $9.75 per hour = $156.00Total gross = $516.00The total gross ($516.00) is divided by the total hours (46) to obtain the regular hourly wage. While we do not recommend this, you have the option of filing your claim anonymously, but keep in mind that you will only receive information on anonymous claims if a resolution is reached in your favor and monies are due you.  For anonymous claims, you must use the term “ANONYMOUS” in the name section of your claim form.  To remain anonymous, you must fax or snail mail your forms. If your claim does not fall within our jurisdiction, we will return your claim to you, with an explanation.Depending on the nature of the complaint, your claim will be assigned to a field investigator, handled by mail, or scheduled for a Wage Collection proceeding. For information on COBRA, visit the United States Department of Labor's website at: www.dol.gov/ebsa/faqs/faq_compliance_cobra.html. I cannot afford to pay my employees during the time I am closed. Your total earnings (hourly wage plus tips) must equal at least the minimum wage per hour. Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave?A. Yes. 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. 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. Within 10 days of receiving your claim, Wage and Hour Compliance will mail you an acknowledgement letter listing your claim number. The new gross amount is $549.66. Wage Collection – For information about a scheduled wage collection proceeding: NJ Division of Wage & Hour Compliance Wage Collection Section 1 John Fitch Plaza - 1st Floor PO Box 389 Trenton, NJ 08625-0389 P: (609) 292-3658 F: (609) 984-3005 Directions to LWD 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. An employer can deposit an employee’s wages in a payroll debit card account if the following conditions are met (refer to N.J.A.C. EARNED SICK LEAVEQ. 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. If the medical benefits are being discontinued, the employer must provide 30 days advance notice in writing. 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. Is the employer allowed to reduce my rate of pay?A. 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. 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. 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 addition, an employer may not require an employee to purchase a uniform that contains a company logo or cannot be worn as street wear. There is a New Jersey Family Leave Act (NJFLA) and a federal Family and Medical Leave Act (FMLA). However, the Division does not have jurisdiction over employers in other states so if the employer refuses to cooperate the Division cannot take any further action.INVESTIGATION PROCESSQ. At what age does a minor need an employment certificate?A. 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. Can the employer require me to take a pre-employment lie detector test?A. If I am a tipped employee, is my employer required to pay the minimum wage rate?A. A. 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. If I have medical benefits and my employment ends, do the benefits continue?A. Please allow at least 30 days after filing your claim You may file an anonymous claim if you so choose, but then neither you nor anyone else will receive any information about the claim unless a resolution is reached with your employer and wages due are sent as part of the resolution. Please refer to New Jersey's Minimum Wage Chart for scheduled increases. 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. No. 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? Are employers required to pay benefits such as vacation, severance, holiday pay, etc?A. Support Wage & Hour Website FAQs Contact Us. Can an employer make a deduction for uniforms or uniform maintenance?A. New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday? What is the procedure for obtaining the working paper?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. Can I have my paycheck directly deposited into a bank account? Under the NYLL, such claims are subject to a six (6) year statute of limitation, N.Y. 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. Wage, Hour and Overtime Claims - New Jersey Employment Attorney There are exceptions such as automobile salespersons, outside salespersons and minors under the age of 18, except for minors working in retail, food service, the first processing of farm products, beauty culture occupations, laundry, cleaning and dyeing occupations, light manufacturing and apparel occupations and hotel and motel occupations.Q. 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. Effective July 1, 2019 New Jersey’s minimum wage is $10/hour. 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. 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 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. Note:  Paid sick leave is addressed under Earned Sick Leave. Yes. 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. After receiving a promise of employment from an employer, the minor may obtain a blank A300 employment certification form online or from the issuing officer of the local school district where the minor resides. There are two family leave acts. Under the FLSA, tipped employees must be paid a minimum of $2.13 per hour. Are breaks and lunches required by law?A. An employment certificate (also referred to as "working papers") is required for all minors under the age of 18.Q. Company policy dictates break and lunch periods for anyone over the age of 18.HOURS OF WORKQ. Yes, a working paper is only valid for the employment stated on the certificate.Q. Ages 14 and 15 - May perform work in offices, hotels, restaurants, retail stores, etc. Does my employer have to give me notice when he/she fires me? If a case representing my claim has already been filed in a court of law, may I file a wage claim?A. In order for NJ DOL to act on your behalf, you must file a claim within two years of the alleged violation. There are special regulations involving health care workers and mandatory overtime. If I am a salaried employee who is exempt from overtime, is my employer required to pay me for days the business was closed due to a weather-related emergency or disaster? In a recent case, Hargrove v.Sleepy’s LLC No. Bebe Stores, No. Email: Wage.Hour@dol.nj.gov. Yes. 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. To arrange an initial consultation at a reduced hourly rate, please call or write us today.  We will be happy to help. (3) Employees must be … 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. If I was unfairly terminated, can Wage and Hour help me? )Employees who were unable to work due to a weather-related emergency or other disaster may be eligible for unemployment benefits. 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. If you worked in New Jersey and you believe that your employer has not properly paid you or if you have a complaint against an employer for violating a NJ Labor Law enforced by Wage & Hour, you must file a wage claim in order to start the process. nurse, nursing assistant, home health aide, etc., but not a doctor) and you believe your New Jersey employer improperly required you to work overtime. It does not provide any leave entitlement nor any job retention rights. Are employers allowed to deduct for shortages or breakage? Can a group of employees jointly file a claim?A. 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. Nothing can be deducted from an employee's wages other than those items required and/or specifically permitted by federal law and/or state law.Q. No. The employer cannot intimidate or threaten an employee with discharge for refusal to accept a payroll debit card. The Law does not permit deductions for damages to company equipment.Q. Is the employer allowed to reduce my rate of pay? 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. Temporary Disability & Family Leave Insurance, Employees who were unable to work due to a weather-related emergency or other disaster may be eligible for unemployment benefits, Governor Phil Murphy • Lt. Wage & Hour General Information: Telephone: (609) 292-2305 Fax: (609) 695-1174. Are employers required to provide health insurance coverage? Laws & Regulations Minimum Wage Unpaid or Withheld Wages Employment of Minors All … exception of certain salaried employees who meet the definition of an executive, administrative or professional. The law takes effect on October 29, 2018. No. If the decision is favorable to you and your employer owes you money, we will notify your employer. Under FRCP Rule 12(b)(6), the Employer moved to dismiss the state Count on the pleadings, asserting that a claim for overtime was not cognizable under the New … If you chose to file by mail, answer all questions on the claim form. New Jersey law requires that employers allow their employees time off to attend court for jury duty, however, there is no requirement for the employer to compensate the employee for the time.SNOW DAYS/STATE OF EMERGENCYQ. If you filed an online wage claim and have the confirmation number available, please enter it below. The case involved three plaintiffs, delivery truck drivers, suing Sleepy’s individually and on behalf of a putative class. Effective January 1, 2021, the New Jersey minimum wage  is $12.00 per hour for most workers. The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. FILING A CLAIMQ. Race Discrimination Isn’t Just About Skin Color, Getting Divorced? The New Jersey Supreme Court granted the petition by the Third Circuit. 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? These employees fall under the jurisdiction of the Federal Wage and Hour Division. I cannot afford to pay my employees during the time I am closed. (Please be ready to provide your claim number whenever you contact Wage and Hour about your claim. The statement can be provided electronically or in hard copy.Q. If you are unsure whether you are considered an independent contractor, it is advisable for you to file a claim with the Division so that a determination can be made as to whether the Division can assist you in pursuing your claim.BANKRUPTCYQ. If I am hired with medical benefits, is my employer allowed to stop this benefit?If I have medical benefits and my employment ends, do the benefits continue? 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. Are employers required to pay sick leave benefits? Each individual must file a separate claim.Q. Can a group of employees jointly file a claim? You may file a claim with both the NJ DOL and the Superior Court of New Jersey. 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. All claims for wages and hours must be filed within two years of the asserted violations. 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? The Law does not permit deductions for failure to return company property of any kind.Q. Trenton, NJ 08625-0389, Fax: (609) 695-1174 How often must an employee be paid?A. Yes. Real Estate Mortgage Network, Inc., the plaintiff, Patricia Thompson, sued her former employers for allegedly failing to compensate for overtime work, in violation of the FLSA and the New Jersey Wage and Hour Law (“NJWHL”). Can I be required to pay for the lie detector test?A. 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. Box 389 unemployed need not apply, criminal record inquiries, etc.). PAYROLL DEDUCTIONSQ. The reduction cannot be made retroactively for any time worked. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing? Please refer to New Jersey's Minimum Wage Chart for scheduled increases. 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. 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? You can file a Wage Claim for monies due. No. The employer must explain to the employee how the payroll debit card may be used at least one time per pay period to withdraw wages in full, without any fee and without difficulty. If the employer does not have a New Jersey location or an agent the Division will informally attempt to resolve the claim. Can my employer require me to work overtime if I am a health care worker? Does a minor need new working papers every time he/she changes a job? Call (973) 890-0004 - McLaughlin & Nardi, LLC - Experienced, results-oriented attorneys representing people and businesses in business and legal matters. Will I have to pay overtime? Is an employer required to pay for jury duty or allow time off for jury duty? Will my employer be notified that I filed a claim? … Wage & Hour Compliance - File a Wage Claim. BREAK PERIODSAre breaks and lunches required by law?HOURS OF WORKDoes the employer have the right to change an employee's hours of work?JURY DUTYIs an employer required to pay for jury duty or allow time off for jury duty?SNOW DAYS / STATE OF EMERGENCYAre employers required to pay employees when they are unable to work due to a declared state of emergency?If I am a salaried employee who is exempt from overtime, is my employer required to pay me for days the business was closed due to a weather-related emergency or disaster?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?I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. Confirmation Number *. Yes. P.O. Division of Wage and Hour Compliance 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). However, you may be eligible to COBRA benefits which are not regulated or under the jurisdiction of the New Jersey Department of Labor and Workforce Development. Do all workers have to be paid the minimum wage? New Jersey State law does not require employers to pay employees for time not actually worked. If I was unfairly terminated, can Wage and Hour help me?A. 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. Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc? 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