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New Jersey Wage and Hour Laws

Understanding New Jersey's Wage and Hour Laws

Nearly everyone in New Jersey has worked for someone else at some point in their lives. If you are one of the millions of people employed by someone else, then New Jersey’s wage and hour laws apply to you. But, many are unfamiliar with these laws, do not know how to fight back when an employer violates them, or that the employer is breaking them at all.To help you, we have put together this short primer on NJ wage and hour laws with a few examples of recent news stories and cases related to each topic.

New Jersey’s Minimum Wage

As of January 1, 2015, the standard minimum hourly wage in New Jersey was $8.38. However, employees who traditionally receive tips (such as food servers and valets) could be paid a lower rate provided that the wage plus the rate of tips for that position equals the full minimum wage for each hour worked. If not, the employer must pay the difference.

According to a recent story in NJ.com, failing to pay adequate minimum wages has landed one well-known NBA sports agent, David Sugarman, in hot water. His nanny said that while she received $500 per week, she typically worked about 65 hours. That amounts to a pay rate of $7.69 per hour. The suit arises after she was injured and lost her job, resulting in a lawsuit for worker’s compensation, back wages, and other damages. Sugarman has called the suit “frivolous,” but the case remains pending in court.

Overtime Pay Rules

After working 40 hours in a single week, eligible employees are entitled to overtime. But, not every job qualifies for overtime. The employer must be subject to the Fair Labor Standards Act (FLSA), and the position must qualify. While most employers would fall under the purview of the FLSA, some smaller operations may not. Similarly, a number of specific occupations are not protected under the FLSA.

Break Entitlements

No. New Jersey law does not require employers to provide breaks for most employees. The one common exception is that minors are entitled to a 30 minute lunch break after 5 hours of work. Federal law is also silent about providing breaks.

Taking Action on Wage or Hour Claims

When employers violate these legal requirements, it can leave employees feeling powerless. First, it is important to understand that you are not powerless. You have rights, and you have the power to enforce those rights. In fact, in the case of Reily v. Quick Care Medical, a New Jersey court affirmed that employees who file wage and hour claims against their employers are protected from retaliation, either in the form of firing or other “disciplinary” action, by that employer.

Thus, you are protected from retaliation if you need to enforce your rights, and the only person harmed if you hesitate to do so is you. If you believe your employer has violated one of these provisions, you need to contact NJ labor law attorney John. J. Zidziunas. Contact Us today!

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