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. NJ Division of Wage & Hour Compliance - Check Claim Status. Yes. No. You need to contact the United States Bankruptcy Court and file a Proof of Claim.OUT OF STATE EMPLOYERQ. The employee works 30 hours at $12.00 per hour and 16 hours at $9.75 per hour for a total of 46 hours during the week. 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? After your claim has been filed, your employer will receive a summons to appear in court in 15 days.Â. However, I now want to give my hourly employees extra hours (over 40) to make up the time. Can my employer require me to work overtime if I am a health care worker? 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. Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave? Call (973) 890-0004 - McLaughlin & Nardi, LLC - Experienced, results-oriented attorneys representing people and businesses in business and legal matters. Yes. 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? 34:11-56a1 to 56a30, even if paid on an hourly basis, because they fall within the “professional” exemption. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?A. 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. You may file a claim with both the NJ DOL and the Superior Court of New Jersey. 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.Q. 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. In addition, New Jersey law offers protections beyond getting paid overtime, including requiring employers to pay employees their full paycheck on-time. Does a minor need new working papers every time he/she changes a job? Wage and Hour Compliance has jurisdiction in termination cases only when the termination results from a wage complaint. Yes. Most employees have minimum wage protection under the law. If the investigation reveals that there are undocumented workers, what will happen?A. Wage, Hour and Overtime Claims - New Jersey Employment Attorney No, the employee and the employer cannot mutually agree to violate the law.Q. 45:19A-1 et seq.) MINIMUM WAGE & OVERTIME WAGE RATE - The New Jersey State Wage and Hour Law establishes a minimum wage rate and overtime rate for all workers in New Jersey that are covered by the Act. There is also New Jersey Family Leave Insurance (FLI) which only establishes a monetary benefit for which covered individuals may or may not file a claim. Does the employer have the right to change an employee's hours of work?A. The Law does not permit deductions for damages to company equipment.Q. At what age does a minor need an employment certificate?A. 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. 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? The new gross amount is $549.66. Your total earnings (hourly wage plus tips) must equal at least the minimum wage per hour. Does my employer have to give me notice when he/she fires me? The regular hourly wage is then divided in half to determine the additional premium (half-time) rate due the employee.Example:An employee does clerical work for $12.00 per hour and is also a hostess for $9.75 per hour. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction. Laws & Regulations Minimum Wage Unpaid or Withheld Wages Employment of Minors All … How often must an employee be paid?A. 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. 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. 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. Effective July 1, 2019 New Jersey’s minimum wage is $10/hour. Please refer to New Jersey's Minimum Wage Chart for scheduled increases. Also, the reduction cannot bring the rate of pay below minimum wage.OVERTIMEQ. If you filed an online wage claim and have the confirmation number available, please enter it below. 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. Q.Will I be notified of the results of the investigation?A. 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. Can an employer pay wages with a payroll debit card?A. 45:19A-1 et seq.) Governor Sheila Oliver. 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. Can I be required to pay for the lie detector test? 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. The overtime rate is calculated by using the weighted averaged method. What is the procedure for obtaining the working paper?A. Yes. If the employer has a New Jersey location or agent, then the case will be handled through the normal processes. If your total earnings do not amount to New Jersey’s hourly minimum wage, your employer is legally required to compensate you for the difference in your paycheck. Box 389 Yes. Under the FLSA, tipped employees must be paid a minimum of $2.13 per hour. No. (3) Employees must be … The hourly rate is up to your employer; however, effective January 1, 2021 the suggested rate is a minimum of $4.13 per hour. We apply New Jersey’s labor laws equally to all workers, regardless of legal status. 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 No. It is not a violation of the law for benefit coverage to cease immediately. Please be advised that there is no New Jersey law concerning the requirement for health insurance coverage. EARNED SICK LEAVEAre employers required to pay sick leave benefits? The scheduling of an employee's hours and/or days of work are up to the discretion of the employer; however, it is important to note if an employee's hours of work are diminished they may be eligible for unemployment insurance benefits. Are employers required to pay sick leave benefits? 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. Please refer to New Jersey's Minimum Wage Chart for scheduled increases. Each individual must file a separate claim.Q. Most employers are required to pay wages at least twice during each calendar month, on regular paydays designated in advance by the employer. Confirmation Number *. Only individuals may file a wage claim. 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 When is overtime pay due?A. No. Does my employer have to give me notice when he/she fires me? What Can You Do to Make Your Marriage a Success? FILING A CLAIMQ. 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 Division does not share information with "Immigration".LIE DETECTOR and DRUG TESTSQ. 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. unemployed need not apply, criminal record inquiries, etc.). 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. Under New Jersey's Earned Sick Leave, most employees have a right to accrue sick leave at the rate of 1 hour for every 30 hours worked, up to a maximum of 40 hours of leave per benefit year. PO Box 389 email@example.com Trenton, NJ 08625-0389 Claim# Empl# Field___ IBM___ WC___ No Jurisdiction___ Field Rpt# Case# COMPLAINT FORM – SELECTED LABOR LAWS The Division of Wage and Hour Compliance does not investigate the legal status of any worker. No. Yes. However, the 2004 Security Officer Registration Act (N.J.S.A. 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. More information is available on the Civil Rights website at http://www.state.nj.us/lps/dcr/index.html or by calling (609) 292-4605. There are two family leave acts. The employer cannot intimidate or threaten an employee with discharge for refusal to accept a payroll debit card. An employment certificate (also referred to as "working papers") is required for all minors under the age of 18.Q. for a property owned or leased by the State of New Jersey. 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. 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