The type of work and hours of work vary depending upon the age of the minor. The Division of Wage and Hour Compliance does not investigate or inquire into the legal status of any worker. Also use this form if you provide building services (e.g. In addition, New Jersey law offers protections beyond getting paid overtime, including requiring employers to pay employees their full paycheck on-time. Information on the Act may be found at www.healthcare.gov. 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. The reduction cannot be made retroactively for any time worked. 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. 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. 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. 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." It depends. The 2004 Security Officer Registration Act (N.J.S.A. Are employers required to pay benefits such as vacation, severance, holiday pay, etc?A. Are all employees working in New Jersey covered by the laws enforced by the Division of Wage and Hour Compliance? 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. The employer may wait until the next regular payday designated for the pay period regardless of whether the employee quit or was fired.MINORS/CHILD LABORQ. If the medical benefits are being discontinued, the employer must provide 30 days advance notice in writing. If I have medical benefits and my employment ends, do the benefits continue?A. Wage and Hour Compliance has jurisdiction in termination cases only when the termination results from a wage complaint. The statement can be provided electronically or in hard copy.Q. If the medical benefit plan is changing the employer must notify the employees in writing immediately as soon as the employer is notified by the health insurer.Q. Please allow at least 30 days after filing your claim If you chose to file by mail, answer all questions on the claim form. You may wish to contact an attorney for legal advice.Q. 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. Note:  Paid sick leave is addressed under Earned Sick Leave. 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?A. If the employer closes operations due to a weather-related emergency or other disaster for less than a full workweek, then the employer must pay an exempt employee "the full salary for any week in which the employee performs any work without regard to the number of days or hours worked," because "deductions may not be made for time when work is not available."Q. Neither you nor anyone else will be able to check on the status of an anonymous claim.You may file an anonymous claim by mail.Q. The following are general questions applying to most workers. If the decision is favorable to you and your employer owes you money, we will notify your employer. When does an employer have to pay final wages to a terminated employee? However, I now want to give my hourly employees extra hours (over 40) to make up the time. 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. Confirmation number. Can an employer deduct money from my paycheck if I damage company equipment?A. Independent contractors are not covered by the Division of Wage and Hour Compliance. 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. In New Jersey, the statute of limitation for pursuing a claim of unpaid overtime and/or minimum wage rates is two (2) years. Can a group of employees jointly file a claim?A. What Is A Wage And Hour Claim? I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. Are all employees working in New Jersey covered by the laws enforced by the Division of Wage and Hour Compliance?A. Does the employer have the right to change an employee's hours of work? BREAK PERIODSQ. 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. The employer must explain to the employee how the payroll debit card may be used at least one time per pay period to withdraw wages in full, without any fee and without difficulty. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. Do not use this form if you have a wage claim – Use form MW-31A, Wage Claim. 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. The average hourly rate ($11.22) is divided in half. What should I do if my employer has filed for bankruptcy? The fastest way to file for unemployment insurance benefits is through the internet at www.njuifile.net.People may also file an unemployment claim by telephone by contacting the state Department of Labor's Re-employment Call Centers at:North Jersey (201) 601-4100Central Jersey (732) 761-2020South Jersey (856) 507-2340Out of State (888) 795-6672If a federal disaster is declared and for more information on FEMA services, please call the FEMA emergency number at 1-800-621-FEMA (3362) or 1-800-462-7585 (TTY) for the hearing and speech impaired. Most employees have minimum wage protection under the law. Q. 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? Q. If you worked in New Jersey and you believe that your employer has not properly paid you or if you have a complaint against an employer for violating a NJ Labor Law enforced by Wage & Hour, you must file a wage claim in order to start the process. The Division applies New Jersey's labor laws without regard to a worker's legal status. 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? What do I do if my employer did not pay me all the money I am owed?A. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?A. Yes. 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. Division of Wage & Hour Compliance PO Box 389 Trenton NJ 08625-0389 P: (609) 292-2305 F: (609) 695-1174. Can I be required to pay for the lie detector test? How does an employer compute the overtime rate for a worker who has two or more job titles with different hourly rates? If I was unfairly terminated, can Wage and Hour help me?A. Box 389 Trenton, NJ 08625-0389. WHD is committed to ensuring that workers in this country are paid properly and for all the hours they work, regardless of immigration status. 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. No. 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. Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc? When is overtime pay due?A. Can I be required to pay for the lie detector test?A. No. 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. Q. Wage & Hour General Information: Telephone: (609) 292-2305 Fax: (609) 695-1174. If I am hired with medical benefits, is my employer allowed to stop this benefit? Benefits may or may not end immediately, depending upon the employer's policy and the health insurer. Are employers required to provide health insurance coverage? Will I have to pay overtime? Division of Wage and Hour Compliance This is the amount that must be paid to the employee for the week.Q. 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. unemployed need not apply, criminal record inquiries, etc.). 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. (Exception: Salaried employees who are exempt from overtime. 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. 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”). No, the employee and the employer cannot mutually agree to violate the law.Q. It is illegal for employers or prospective employers to make such a deduction from the wages of any employee or require that employee to pay any sum for drug or any other pre-employment testing. Can an employer pay wages with a payroll debit card? Under New Jersey law, which test should a court apply to determine a plaintiff’s employment status for purposes of the New Jersey Wage Payment Law, N.J.S.A. The case involved three plaintiffs, delivery truck drivers, suing Sleepy’s individually and on behalf of a putative class. The type of proceeding scheduled is determined by the Wage Collection section. Please file a wage claim with the NJ Division of Wage & Hour Compliance if any of the below statements apply: You are an employee working in New Jersey and you have a complaint about unpaid wages. Each individual must file a separate claim.Q. Q. Most hearings are held in Trenton, however, other locations are available upon request.DISCHARGE OR TERMINATION OF EMPLOYMENTQ. Can an employer make a deduction for uniforms or uniform maintenance? You must personally be in agreement with this action although not all of the workers have to agree to direct deposit. An employer can require an employee to work overtime provided the employer pays the appropriate wages and does not violate any existing employer-employee collective bargaining agreement.Q. Can the employer require me to take a pre-employment lie detector test? What is the procedure for obtaining the working paper?A. 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. If you are not sure whether the NJ Division of Wage & Hour Compliance will be able to help you with your claim, … 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. Is an employer required to pay for jury duty or allow time off for jury duty?A. 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 New Jersey Employers Will Soon Learn When They Can Use “Good Faith” Defense In Wage Claims Dec. 10, 2019 by Sarah Wieselthier The New Jersey Supreme Court just agreed to review whether the “good faith” defense is available to employers that rely upon determinations made by employees of the New Jersey Department of Labor and Workforce Development. Also, the reduction cannot bring the rate of pay below minimum wage.OVERTIMEQ. N.J.S.A. 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. Laws & Regulations Minimum Wage Unpaid or Withheld Wages Employment of Minors All … If an employer chooses to provide benefits, it is up to the employer on how it will be administered. I cannot afford to pay my employees during the time I am closed. Email: Wage.Hour@dol.nj.gov. Can the employer require me to take a pre-employment lie detector test?A. Box 389 If I am a bona fide independent contractor, may I file a wage claim?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?A. Q. Will I be notified of the results of the investigation? However, I now want to give my hourly employees extra hours (over 40) to make up the time. PAYROLL DEDUCTIONSQ. If the investigation reveals that there are undocumented workers, what will happen? After we complete the investigation, you will be notified of the results. Is an employer required to pay for jury duty or allow time off for jury duty? The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. 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. 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. Please be advised that there is no New Jersey law concerning the requirement for health insurance coverage. Within 10 days of receiving your claim, Wage and Hour Compliance will mail you an acknowledgement letter listing your claim number. exception of certain salaried employees who meet the definition of an executive, administrative or professional. 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. If the employer does not have a New Jersey location or an agent the Division will informally attempt to resolve the claim. Q. Limits of Employment Law: Older Employees Are the First to Go When the American Economy Falters. The Law does not permit deductions for failure to return company property of any kind.Q. Are employers required to pay employees when they are unable to work due to a declared state of emergency?A. There is a New Jersey Family Leave Act (NJFLA) and a federal Family and Medical Leave Act (FMLA). After your claim has been filed, your employer will receive a summons to appear in court in 15 days.Â. The Law does not permit deductions for damages to company equipment.Q. However, benefits must be administered uniformly in accordance with the established policy, employment agreement or union contract. Yes, you may file a claim. How often must an employee be paid?A. 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. The new gross amount is $549.66. All rights reserved |, Mediation, Arbitration and Collaborative Law, http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.htmlÂ, New Jersey Courts and Covid: Imperfect Together. Is there a statute of limitations on filing a wage claim? Am I eligible for Family Leave?A. 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 … 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. I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. May a NJ Employer Compel a COVID-19 Vaccine as a Condition of Employment? Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday?A. 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. For information on COBRA, visit the United States Department of Labor's website at: www.dol.gov/ebsa/faqs/faq_compliance_cobra.html. Ages 16 and 17 - The restrictions are less for ages 16 and 17, however there are still occupations from which they are prohibited. 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. You may file a claim with both the NJ DOL and the Superior Court of New Jersey. Can my employer require me to work overtime if I am a health care worker? MINIMUM WAGE/RATE OF PAYQ. The Division of Wage and Hour Compliance does not have jurisdiction over state, county or municipal government, or Board of Education employees, except under the Child Labor Law. What happens if the results of the investigation are not in my favor?A. Are breaks and lunches required by law?A. What do you do when you believe you are the victim of wage theft, because your NJ employer: In all such cases, your best, fastest, least expensive bet is to file a complaint with the NJ Department of Labor’s Division of Wage and Hour Compliance.  http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.htmlÂ. Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?A. What Can You Do to Make Your Marriage a Success? Governor Sheila Oliver. If I am a tipped employee, is my employer required to pay the minimum wage rate?A. If I am hired with medical benefits, is my employer allowed to stop this benefit?If I have medical benefits and my employment ends, do the benefits continue? 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). 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 NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. 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. Does the employer have the right to change an employee's hours of work?A. Is the employer allowed to reduce my rate of pay?A. 45:19A-1 et seq.) 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. Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave?A. )Employees who were unable to work due to a weather-related emergency or other disaster may be eligible for unemployment benefits. FILING A CLAIMAre all employees working in New Jersey covered by the laws enforced by the Division of Wage and Hour Compliance?May I file an anonymous claim?Will my employer be notified that I filed a claim?What can I do to speed up the claim process?Can a group of employees jointly file a claim?If a case representing my claim has already been filed in a court of law, may I file a wage claim?Is there a statute of limitations on filing a wage claim?What do I do if my employer did not pay me all the money I am owed?INDEPENDENT CONTRACTORIf I am a bona fide independent contractor, may I file a wage claim?BANKRUPTCYWhat should I do if my employer has filed for bankruptcy?OUT OF STATE EMPLOYERMay I file a claim if my employer is located out of state?INVESTIGATION PROCESSWhat happens after I file a claim?Will I be notified of the results of the investigation?What happens if the results of the investigation are not in my favor?DISCHARGE OR TERMINATION OF EMPLOYMENTIf I was unfairly terminated, can Wage and Hour help me?Does my employer have to give me notice when he/she fires me? We apply New Jersey’s labor laws equally to all workers, regardless of legal status. 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 No, unless the employee physically worked over 40 hours in the workweek. 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. May I file an anonymous claim?A. Does my employer have to give me notice when he/she fires me? Is my employer supposed to give me a statement of deductions? I cannot afford to pay my employees during the time I am closed. All claims for wages and hours must be filed within two years of the asserted violations. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing? Q. Each time you are paid you must receive a statement of deductions listing the gross and net wages and all individually itemized deductions (such as taxes) from your wages. No. Are employers required to provide health insurance coverage?A. Is my employer supposed to give me a statement of deductions?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? File a Wage Claim » Check Status of Wage Claim » File a Referral » Upload Documents » Public Works Contractor Registration » Prevailing Wage Rates ». 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). Yes. The total gross wage is divided by the total number of hours worked to obtain the regular hourly wage. Fringe benefits like vacation, severance, holiday or any other type of benefit pay are not required by New Jersey State law. New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. Can my employer require me to work overtime if I am a health care worker?A. 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. for a property owned or leased by the State of New Jersey. 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. Be sure to answer all questions as accurately as possible - whether you file online or by mail. There is more than one way to file a wage claim. I cannot afford to pay my employees during the time I am closed. Mail or fax your completed claim form to: Is the employer allowed to reduce my rate of pay? … nurse, nursing assistant, home health aide, etc., but not a doctor) and you believe your New Jersey employer improperly required you to work overtime. If you filed an online wage claim and have the confirmation number available, please enter it below. 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. Jersey have state overtime laws that are different from federal law and/or state..: Older employees are the First to Go when the American Economy Falters a paper! 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