Wage And Hour Law In New Jersey

Both overtime and minimum wage law in New Jersey are derived from the Department of Labors Fair Labor Standards Act (FLSA). Non-exempt New Jersey workers have certain rights to compensation and treatment, and understanding these rights is the first step in not having them abused or taken away.

New Jersey Labor Provisions

In New Jersey, certain compensation practices are regulated by law to protect employees from unfair treatment. In the case of your final wages after being terminated or quitting your job, the next scheduled paycheck should include them. Additionally, paycheck deductions should never be undertaken as disciplinary action for items or equipment lost or damaged by you.
Your employer may lower your rate of pay, but must inform you in advance of such a change. This change in pay rate cannot affect your already-earned wages; those are to be compensated at whatever your rate of pay was at the time.

Overtime Pay in New Jersey

New Jersey overtime is considered any hours worked in excess of 40 during a workweek. A workweek is seven full, consecutive days. It must always begin and end on the same day, which is established by your employer for the duration of your employment. It cannot be the average of more than one week of work.
Most exemptions from New Jersey overtime pay extend to salaried individuals, but that does not mean that if you are on salary you are not entitled to overtime. Additionally, overtime exemptions are based on job functions, not titles. Salaried individuals who work in executive, administrative, or professional capacities (all further defined on the NJ Department of Labor website) are generally exempt from overtime pay. These positions require independent judgment and decision-making, which is often the deciding factor. Outside sales and service persons are also usually exempt.

Minimum Pay in New Jersey

The New Jersey minimum wage is $7.25 an hour, which is the same as the Federal minimum wage. Following is some additional information about New Jersey minimum wage:

Tipped employees who make more than $30 a month in tips are guaranteed the minimum wage. The tips may count as your wages, but if the sum of your tipped wages does not equal $7.25 for each hour you worked, then your employer must pay you the difference.

There is no minimum wage for minors in the state of New Jersey. However, the apparel, beauty culture, retail, hotel and motel, cleaning and dyeing, and first processing of farm products industries must pay them $7.25 an hour.
For more information on these areas of New Jersey labor law, visit USOvertimeLawyers.com. Their experienced New Jersey overtime lawyers can help you fight for your rights to fair compensation in New Jersey.

Understanding The New Jersey Law Against Discrimination (njlad)

Though there are federal laws in place to combat discrimination, the New Jersey Law Against Discrimination takes the protection of civil liberties takes the protection of civil rights a step farther. It shares several of the same provisions as those specified by the federal government, however it has fewer restrictions. For example, the federal law is applicable to a business with fifteen workers or more while the NJLAD extends to all workers, regardless of business size. In terms of employment law, it offers several provisions, including right to:

Readily-accessible facilities
Reasonable accommodations
Non-hostile work environments
Protection from retaliation
Fair and impartial treatment

No employer can restrict anyone’s right to apply for a job based on personal bias toward the applicant or their disability. The only circumstance under which it is acceptable to deny someone’s potential candidacy for a position is when a business cannot realistically accommodate a disability in a way that would enable the applicant to perform the necessary responsibilities of the job. Employers cannot prevent an employee from receiving training, promotions, or other work benefits. Doing so is a violation of the New Jersey Law Against Discrimination and a violation of a worker’s civil rights and employment rights. When these or other violations occur, workers are obligated to complain. Ignored complaints are regarded as separate offenses under the law, and therefore, carry their own additional consequences.
Religiously-affiliated schools do not fall under the NJLAD, nor do private clubs, seeing as they are, “private in nature”. Whether public or private, an institution in New Jersey may not place restrictions on a member or limit their civil rights by acting in a discriminatory manner and denying membership privileges based on any of the characteristics protected under the law.

No place of public accommodation is permitted to restrict access on the basis of legally-protected characteristics or disabilities. Provisions must be made for disabled individuals, unless a court of law has ruled that a specific location is too dangerous to accommodate a certain disability.