New Jersey Labor and Employment Regulations
Employment law is a broad area of law that governs the relationship between employers and employees. It encompasses a wide range of issues, including hiring, firing, discrimination, harassment, wage and hour disputes, and more. The laws that fall under the umbrella of employment law can vary from state to state, and can also be affected by federal laws and regulations.
One of the primary goals of employment law is to protect employees from unfair or illegal treatment by their employers. This includes protecting employees from discrimination based on factors such as race, gender, age, and disability, as well as protecting employees from harassment and retaliation for complaining about discrimination or harassment. Employment laws also set standards for issues such as minimum wage, overtime pay, and working conditions, and provide a process for employees to seek redress if their rights have been violated. It also provides protection for the employer to ensure fair and safe work environment to perform their business. Additionally, it also provides protection to the employees from retaliations by the employer if they raise a concern or make a report of any violation of the law.
New Jersey Minimum Wage Laws
New Jersey has its own set of laws regarding wages and hours for employees. These laws are in place to ensure that employees are properly compensated for their work, and to protect them from unfair labor practices.
The New Jersey Minimum Wage Act sets the minimum wage for most employees in the state at $12 per hour, but tipped employees' minimum wage is $5.13, and there is a possibility of this minimum wage to increase over time.
In addition to the minimum wage, the New Jersey Wage Payment Law requires employers to pay employees on a regular basis (usually at least semi-monthly), and to provide employees with a written statement of their earnings with each payment.
The law also requires employers to pay employees for all hours worked, including overtime (time and a half) for hours worked over 40 hours in a workweek.
New Jersey also has laws that protect employees from wage theft, which can include not paying employees for all hours worked, not paying employees the correct overtime rate, and not paying employees the correct minimum wage.
Employees who believe that their employer has violated New Jersey's wage and hour laws can file a complaint with the New Jersey Department of Labor and Workforce Development, which will investigate the complaint and take appropriate action. An employee can also file a lawsuit against the employer in court.
It is important to note that many federal labor laws and regulations such as the Fair Labor Standards Act also apply in NJ, these laws provide similar protection and standards as the state laws. In case of any conflict between state and federal law, the law that is more beneficial to the employee is considered.
In any case, an employer must keep accurate records of employee tips. If that employee’s average compensation over a week does not reach the New Jersey minimum wage, then the employer must pay the wage difference.
By raising their minimum wage, New Jersey has joined forces with three other states: New York, Massachusetts and California in addition to the District of Columbia, who have gone above and beyond the federal standard.
Break Time
Believe it or not, New Jersey employment laws do not mandate breaks for employees during a shift for any reason whatsoever, unless an employee happens to be a minor. If your employer does permit short breaks, he cannot require you to clock out. New mothers, however, are entitled under federal law to short breaks to express breast milk.
Wrongful Termination
New Jersey is an “employment at will” state which means that an employer may end a working relationship at any time without reason or cause. The employer, however, may not terminate an employee for an unlawful cause such as retaliation for whistleblowing. Nevertheless, New Jersey workers are not entitled to any type of warning prior to being dismissed.
Paid Sick Leave
While private employers in New Jersey are not required to offer paid or unpaid holidays and can stipulate that employees work weekends, there have been significant changes to sick leave policies recently.
Previously, employers were not required to offer either paid or unpaid sick leave. In October of 2018, however, a new law went into effect requiring employers to offer up to forty hours of paid sick leave per year. Consequently, New Jersey is now one of ten states along with Washington D.C. to endorse compulsory paid sick leave.
As a general rule, the law which provides the greatest benefits to the individual applies when there is an intersection among federal, state and even local laws. If you have questions about a work-related legal matter or aren’t sure if you are receiving the benefits to which you are entitled, an expert in New Jersey employment law such as Ty Hyderally can help. He can look at your situation and, if necessary, help you take the appropriate legal action to protect your rights.