If you work in New Jersey, it’s important to know your rights. Each state has different laws to protect employees, and many of the laws aren’t what you’d expect. Here are ten things you need to know about NJ labor laws in 2022.
Note: Many NJ workplace laws have exceptions or are inapplicable to certain workers; you should consult with an attorney regarding your specific situation.
1) Anyone who is under 18 years old and wants to get a job in New Jersey must get written permission from their local school district. This documentation is often called “working papers.” It certifies that the minor is in good health and has parental permission to work; a designated school official will sign the document only if they are satisfied that the proposed working conditions and hours will not interfere with the minor’s education or damage their health. The school official may refuse to issue an employment certificate if they believe it would be in the minor’s best interest. Teen workers must get a separate employment certificate for each proposed employer (blank ones can be downloaded from the New Jersey Department of Labor).
2) Although the federal minimum wage is only $7.25 per hour, state law provides NJ workers with a minimum wage of $13 per hour (effective January 1, 2022). NJ minimum wage will rise to $15 per hour in 2024. Where tips are part of a worker’s pay, an employer can pay a lower wage of $5.13/hour. If it does so, the employer must keep track of all tips and meal credits (if applicable) earned by each worker. If a worker’s average hourly compensation over the course of each week does not equal or exceed the regular NJ minimum wage, the employer must pay the difference.
3) An employer is not permitted to deduct any amounts from your pay for the cost of licenses, drug testing, medical testing, uniforms, or uniform maintenance or to compensate for shortages, walkouts, breakages, damage to company property, or failure to return company property (cell phone, ID, computer, etc.). Withholding a paycheck until company property is returned is also illegal. However, an employer may be able to file a civil claim against you or file criminal charges if you intentionally destroy or fail to return company property.
4) With very limited exceptions, New Jersey employers are not required to give employees over the age of 18 breaks during a shift for any reason, including to use the toilet, drink water, rest, or eat a meal. (Minors are entitled to a 30-minute unpaid meal or rest break after 5 continuous hours of work.) If an employer does allow workers to take breaks of under 30 minutes, the FLSA requires that workers be paid for these breaks. New mothers are entitled under the federal Fair Labor Standards Act (FLSA) to take short breaks to express breast milk, within certain restrictions.
5) Your employer can require you to work overtime (more than 40 hours in your employer’s standard workweek). Overtime must be paid at a rate of time and one-half times the employee's regular rate of pay for each hour worked over 40.
6) Unfortunately, there is no NJ bereavement leave law or other law guaranteeing sick leave or bereavement leave. If you meet certain requirements, you may qualify for unpaid protected leave under the federal Family and Medical Leave Act of 1993 (FMLA) and/or the New Jersey Family Leave Act (NJFLA). These laws offer covered employees up to 12 weeks of unpaid, job-protected leave for certain family and medical-related reasons, including illness and bereavement. Additionally, some NJ cities and towns have passed local ordinances requiring that private employers provide employees with paid sick and bereavement leave.
7) New Jersey law does not require private employers to provide employees with either paid or unpaid holiday leave and can require an employee to work weekends and holidays. A private employer does not have to pay an employee premium pay, like time and a half or double time, for working on weekends, night shifts, or holidays, unless that time worked qualifies the employee for overtime under standard overtime laws. An employee may be able to assert a religious basis for taking holiday time off, but whether this would be successful would depend on the facts of each situation.
8) An employer is not required to pay an employee any wages for the time spent complying with a jury summons or serving on a jury. An employer may not discharge, penalize, threaten, or otherwise coerce an employee because he or she is required to attend court for jury duty.
9) Unfortunately, work laws do not require employers to pay hourly, non-exempt employees if they were unable to work a scheduled shift or day due to a declared federal or NJ state of emergency. If your employer gives you vacation time, it can force you to take vacation days for any days the business was closed due to a declared emergency that you were supposed to work. However, employees who were unable to work due to a weather-related emergency or other disasters may be eligible for New Jersey temporary unemployment benefits.
If you have a work-related legal issue or aren’t sure whether you’re getting what you deserve, you should contact an experienced New Jersey employment lawyer. An attorney can help determine whether you may have a legal basis for a workers’ compensation, employment, or NJ labor law claim and help you take legal action to protect and enforce your rights.