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.