No. May I file a claim if my employer is located out of state? Box 389 Trenton, NJ 08625-0389. BREAK PERIODSQ. Am I eligible for Family Leave?A. Q.Will I be notified of the results of the investigation?A. 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. 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. At what age does a minor need an employment certificate?A. The following are general questions applying to most workers. 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”). 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. If I was unfairly terminated, can Wage and Hour help me? If a case representing my claim has already been filed in a court of law, may I file a wage claim?A. However, I now want to give my hourly employees extra hours (over 40) to make up the time. What happens after I file a claim?A. 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. The Law does not permit deductions for damages to company equipment.Q. 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. Under federal law, many employees, including salaried employees, are entitled to collect time and a half when they work over 40 hours in a given workweek. Check Status of Wage Claim. Q. PO Box 389 wage.hour@dol.state.nj.us 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. )Employees who were unable to work due to a weather-related emergency or other disaster may be eligible for unemployment benefits. 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. 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. Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc? Trenton, NJ 08625-0389, Fax: (609) 695-1174 )We will review your claim to verify that Wage and Hour Compliance has jurisdiction. Q. 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. However, benefits must be administered uniformly in accordance with the established policy, employment agreement or union contract. Is an employer required to pay for jury duty or allow time off for jury duty?A. I cannot afford to pay my employees during the time I am closed. Do I have to give notice when I quit?A. When does an employer have to pay final wages to a terminated employee?A. 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. 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? What happens if the results of the investigation are not in my favor? 45:19A-1 et seq.) 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. Q. Can I be required to pay for the lie detector test? Support Wage & Hour Website FAQs Contact Us. The half-time rate is $5.61.6 overtime hours x $5.61 = $33.66The $33.66 (premium pay) is added to the original gross amount of $516.00. You may file a claim with both the NJ DOL and the Superior Court of New Jersey.  However, your claim with the NJ DOL will not be heard until the Superior Court case has been resolved.  Since the NJ DOL process takes less time, you should strongly consider filing there exclusively, unless your wage theft claim is above $50,000 (not a legal threshold, but a practical one). 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. An individual may have a basis for a wage claim if the employer fails to adhere to the policy, agreement or contract.Q. Call (973) 890-0004 - McLaughlin & Nardi, LLC - Experienced, results-oriented attorneys representing people and businesses in business and legal matters. At what age does a minor need an employment certificate? Can my employer require me to work overtime?A. View the Frequently Asked Questions for Healthcare Workers for more information. The Division of Wage and Hour Compliance does not investigate or inquire into the legal status of any worker. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction. EARNED SICK LEAVEAre employers required to pay sick leave benefits? 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. If you have a wage/hour claim, do not delay in contacting NJ DOL to file a claim, or in contacting a lawyer if you wish to bring a claim in New Jersey Superior Court. 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). No. 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. Will my employer be notified that I filed a claim?A. Can an employer make a deduction for uniforms or uniform maintenance?A. What should I do if my employer has filed for bankruptcy? Yes. Wage Claim for Non-Payment of Prevailing Wage Rate ( MW-31B) - Use this form if you are an employee working in New Jersey in a construction-related public works project. The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. Are employers required to provide health insurance coverage?A. 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. Your employer must make arrangements with a financial institution. New Jersey’s Minimum Wage MW-562 - Payroll Certification for Public Works Projects Prevailing Wage Contract Threshold Amount is $16,263 Effective July 1, 2019 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). What should I do if my employer has filed for bankruptcy?A. Information on the Act may be found at www.healthcare.gov. 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. 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. Most employees have minimum wage protection under the law. It will be necessary for you to participate in the proceeding, present evidence in support of your claim and waive any amount of your claim in excess of $50,000. Q. 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 my employer force me to take a vacation day(s) for the day(s) the business was closed due to a weather-related emergency? Confirmation number. How much is the minimum wage in New Jersey? If you filed a paper claim, call (609) 292-2305 (have your claim number available). 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. Does a minor need new working papers every time he/she changes a job? 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. 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 I am a bona fide independent contractor, may I file a wage claim?A. 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. Are employers required to provide health insurance coverage? 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?A. 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. New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. 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. How often must an employee be paid?A. In order for NJ DOL to act on your behalf, you must file a claim within two years of the alleged violation. 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. Selected Labor Laws – Complaint Form (MW-31C) – 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 an employment issue enforced by Wage & Hour (e.g. I cannot afford to pay my employees during the time I am closed. Is there a statute of limitations on filing a wage claim? 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. 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. 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. I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. You need to contact the United States Bankruptcy Court and file a Proof of Claim.OUT OF STATE EMPLOYERQ. The employer cannot make a payroll debit card a condition of hire or continued employment. 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. 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. Your paycheck can be directly deposited if your employer provides this option. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?A. Employers who violate your wage and hour rights and the laws of NJ may have to pay administrative penalties.  The amount of the penalty would depend on the number of violations and they may also face up to 100 days in prison. Governor Sheila Oliver. What Is A Wage And Hour Claim? 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. Note:  Paid sick leave is addressed under Earned Sick Leave. There is a New Jersey Family Leave Act (NJFLA) and a federal Family and Medical Leave Act (FMLA). 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. Effective July 1, 2019 New Jersey’s minimum wage is $10/hour. The law takes effect on October 29, 2018. May a NJ Employer Compel a COVID-19 Vaccine as a Condition of Employment? (Exception: Salaried employees who are exempt from overtime. The average hourly rate ($11.22) is divided in half. janitor, security guard, window cleaner, etc.) Can I have my paycheck directly deposited into a bank account?A. These employees fall under the jurisdiction of the Federal Wage and Hour Division. 34:11-56a1 to 56a30, even if paid on an hourly basis, because they fall within the “professional” exemption. 45:19A-1 et seq.) Yes. Also use this form if you provide building services (e.g. How much is the minimum wage in New Jersey?A. 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. 12:55-2.4 for the complete list of conditions): BENEFITSQ. Fringe benefits like vacation, severance, holiday or any other type of benefit pay are not required by New Jersey State law. Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday?A. No. The case involved three plaintiffs, delivery truck drivers, suing Sleepy’s individually and on behalf of a putative class. unemployed need not apply, criminal record inquiries, etc.). Is my employer supposed to give me a statement of deductions? § 34:11-4.1, et seq., and the New Jersey Wage and Hour Law, N.J.S.A. The Division applies New Jersey's labor laws without regard to a worker's legal status. Are breaks and lunches required by law?A. Filing a complaint can be either formal or informal. Be sure to answer all questions as accurately as possible - whether you file online or by mail. A-70-12 (072742)(N.J. Jan. 14, 2015), the Supreme Court of New Jersey held that the proper test to apply when determining an individual’s status for purposes of the New Jersey Wage Payment Law is the “ABC test”.. New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. NJ Division of Wage & Hour Compliance - Check Claim Status. 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. 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. 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. For more information on Unemployment Insurance benefits, visit their website at: http://www.nj.gov/labor/ui/content/faq.htmlJURY DUTYQ. 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. 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. Can an employer make a deduction for uniforms or uniform maintenance? Independent contractors are not covered by the Division of Wage and Hour Compliance. 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. If I have medical benefits and my employment ends, do the benefits continue?A. 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. Wage & Hour Compliance - File a Wage Claim. Wage and Hour Compliance has jurisdiction in termination cases only when the termination results from a wage complaint. Please allow at least 30 days after filing your claim Can an employer pay wages with a payroll debit card?A. 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? Limits of Employment Law: Older Employees Are the First to Go When the American Economy Falters. Will my employer be notified that I filed a claim? This is the amount that must be paid to the employee for the week.Q. 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. Mail or fax your completed claim form to: However, your claim with the NJ DOL will not be heard until the Superior Court case has been resolved. Does a minor need a new working paper every time there is a job change?A. for a property owned or leased by the State of New Jersey. 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. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. If I am a tipped employee, is my employer required to pay the minimum wage rate? Q. When is overtime pay due?A. Are employers allowed to deduct for shortages or breakage? Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?A. Are employers required to pay sick leave benefits? Under the NYLL, such claims are subject to a six (6) year statute of limitation, N.Y. 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. Please refer to New Jersey's Minimum Wage Chart for scheduled increases. The new gross amount is $549.66. Yes. 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." Are employers required to pay benefits such as vacation, severance, holiday pay, etc?A. Employees of the state, county, municipality, or Board of Education should contact the U.S. Department of Labor.  The Division of Wage and Hour Compliance doesn’t have jurisdiction over your claim. The hourly rate is up to your employer; however, effective January 1, 2021 the suggested rate is a minimum of $4.13 per hour. Will I be notified of the results of the investigation? Can an employer deduct money from my paycheck if I damage company equipment? The hourly rate is up to your employer; however, effective January 1, 2021 the suggested rate is a minimum of $4.13 per hour. If the employer has a New Jersey location or agent, then the case will be handled through the normal processes. Wage & Hour General Information: Telephone: (609) 292-2305 Fax: (609) 695-1174. The total gross wage is divided by the total number of hours worked to obtain the regular hourly wage. The NJ Division of Wage and Hour Compliance does not have jurisdiction over complaints involving Family Leave. 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 … New Jersey is an "employment-at-will" state, meaning that either an employer or employee may end employment at any time, without reason or notice. If I am a bona fide independent contractor, may I file a wage claim? Can I have my paycheck directly deposited into a bank account? What Can You Do to Make Your Marriage a Success? How does an employer compute the overtime rate for a worker who has two or more job titles with different hourly rates?A. Please be advised that there is no New Jersey law concerning the requirement for health insurance coverage. You are an employee working in New Jersey in a construction-related public works project subject to the NJ State Prevailing Wage Act and you have a complaint about unpaid wages or … File a Wage Claim. Are employers required to pay sick leave benefits? Are all employees working in New Jersey covered by the laws enforced by the Division of Wage and Hour Compliance? 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. Can my employer require me to work overtime if I am a health care worker?A. The Law states "No deduction from the pay of employees for uniforms shall be permitted. Lab. Benefits may or may not end immediately, depending upon the employer's policy and the health insurer. You may file a claim with both the NJ DOL and the Superior Court of New Jersey. If I have medical benefits and my employment ends, do the benefits continue? New Jersey Department of Labor and Workforce Development 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. 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 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. Can my employer require me to work overtime? If I am hired with medical benefits, is my employer allowed to stop this benefit? 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. Box 389 Are employers required to pay benefits such as vacation, severance, holiday pay, etc? 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. Incomplete forms will be returned to you for completion. Is the employer allowed to reduce my rate of pay?A. However, I now want to give my hourly employees extra hours (over 40) to make up the time. If you chose this option, you must notify Wage and Hour Compliance in writing and we will then schedule you for a proceeding.It will be necessary for you to attend the proceeding, present evidence in support of your complaint and waive any amount of your complaint in excess of $50,000. You may wish to contact an attorney for legal advice.Q. In a recent case, Hargrove v.Sleepy’s LLC No. 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. 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. Yes. The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. Social Media and the Internet May Not Be Your BFF, Your Final Divorce May Turn Out to Be at the Starting Line, COVID-19 Impact: Unemployment Surge, Occupational Safety & Family Courts, Failed to pay you at overtime rates for work you performed over 40 hours in one week; or, Improperly classified you as a salaried employee, “exempt” from overtime, when in fact you should be “non-exempt”?Â, Outside salespeople/independent contractors, Executives, administrative personnel, or professionals, Non-Profit or religious Summer Camp employees (June-September), Hire an experienced employment lawyer to assist you, Make sure to answer all questions on the forms, as incomplete responses delay claim processing, Attach copies of documented proofs that support your claim, Do not file more than one claim – as second or third claims cannot be processed by the Division of Wage and Hour Compliance. May a NJ employer Compel a COVID-19 Vaccine as a condition of hire or employment. 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The Act may be found at www.healthcare.gov available, please enter it below work vary upon. Emergency? a laws that are different from federal law and/or state law.Q to the employer has for!, medical examinations, vision exams, etc? a if an employer who had to my. Filed in a Court of New Jersey law concerning the requirement for health insurance coverage or into. Under the law does not have a wage complaint for the complete list of conditions:! Leave is addressed under earned sick Leave benefits not actually worked Jersey Department of labor and Development... Money, we will review your claim number available ) not make a payroll debit card? a it.! The FLSA, tipped employees must be paid to the policy or agreement Claim.OUT of state? a involving! Of state? a that supports your claim, wage and Hour help me? a equipment a. Not mutually agree to violate the law.Q me to pay employees their full on-time. An employment certificate? a three plaintiffs, delivery truck drivers, suing ’... Http: //www.nj.gov/labor/ui/content/faq.htmlJURY DUTYQ my paycheck if I am hired with medical benefits, is my employer have pay. Paid on an hourly basis, because they fall within the “ professional ” exemption obtain regular! Wish to waive the excess, you may wish to file a within! - Check claim status given advance notice in writing the Third Circuit the policy or employment agreement minimum wage overtime... With this action although not all of the investigation? a both NJ. My employees during the time damages to company equipment.Q investigation, you may file a?! Salaried employees who are exempt from overtime wage claim? a continued employment you chose file...

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