No. Q. File a Wage Claim » Check Status of Wage Claim » File a Referral » Upload Documents » Public Works Contractor Registration » Prevailing Wage Rates ». Yes. Will my employer be notified that I filed a claim? 34:11-56a25.1. Also use this form if you provide building services (e.g. There are special regulations involving health care workers and mandatory overtime. You may file a claim with both the NJ DOL and the Superior Court of New Jersey. However, your claim with the NJ DOL will not be heard until the Superior Court case has been resolved. Since the NJ DOL process takes less time, you should strongly consider filing there exclusively, unless your wage theft claim is above $50,000 (not a legal threshold, but a practical one). File a Wage Claim. Email: Wage.Hour@dol.nj.gov. Will my employer be notified that I filed a claim?A. )Employees who were unable to work due to a weather-related emergency or other disaster may be eligible for unemployment benefits. If the medical benefits are being discontinued, the employer must provide 30 days advance notice in writing. Under the FLSA, tipped employees must be paid a minimum of $2.13 per hour. An individual may have a basis for a wage claim if the employer fails to adhere to the policy, agreement or contract.Q. Is there a statute of limitations on filing a wage claim? PAYROLL DEDUCTIONSQ. Are all employees working in New Jersey covered by the laws enforced by the Division of Wage and Hour Compliance? Box 389 Yes. The case involved three plaintiffs, delivery truck drivers, suing Sleepy’s individually and on behalf of a putative class. 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.Q. Within 10 days of receiving your claim, Wage and Hour Compliance will mail you an acknowledgement letter listing your claim number. Effective July 1, 2019 New Jersey’s minimum wage is $10/hour. 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 doesnât have jurisdiction over your claim. The Division does not share information with "Immigration".LIE DETECTOR and DRUG TESTSQ. Is my employer supposed to give me a statement of deductions? The Patient Protection and Affordable Care Act, administered by the federal government, may require employers to offer health insurance coverage. )We will review your claim to verify that Wage and Hour Compliance has jurisdiction. There is more than one way to file a wage claim. If you work any more than 40 hours per week, New Jersey labor law considers this overtime, and your employer is legally required to pay you 1.5 times your regular hourly rate of pay. The hourly rate is up to your employer; however, effective January 1, 2021 the suggested rate is a minimum of $4.13 per hour. Usually, when there is a field investigation, you will be contacted by the field investigator who will provide you with his or her telephone number so that you can make future contact about the status of your claim.Q. 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. The type of proceeding scheduled is determined by the Wage Collection section. N.J.S.A. View the Frequently Asked Questions for Healthcare Workers for more information. Information is also available via the internet at www.disasterassistance.gov and www.fema.gov.Q. Are employers required to pay employees when they are unable to work due to a declared state of emergency? Confirmation number. If you have a wage/hour claim, do not delay in contacting NJ DOL to file a claim, or in contacting a lawyer if you wish to bring a claim in New Jersey Superior Court. No. Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?A. How often must an employee be paid?A. Are employers required to provide health insurance coverage?A. The new gross amount is $549.66. The total gross wage is divided by the total number of hours worked to obtain the regular hourly wage. 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. If you are not sure whether the NJ Division of Wage & Hour Compliance will be able to help you with your claim, … No. Does the employer have the right to change an employee's hours of work? It does not provide any leave entitlement nor any job retention rights. Nothing can be deducted from an employee's wages other than those items required and/or specifically permitted by federal law and/or state law.Q. 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. Support Wage & Hour Website FAQs Contact Us. 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. No. Investigations of all the above employee complaints are carried out by the Division of Wage and Hour Compliance. To avoid error that may affect your application and for the best results in the outcome of your claim, you may want to consider hiring an experienced employment lawyer to assist you in completing and submitting your forms. These lawyers will help you understand the process and advocate for you if a hearing is required. Wage Claim (MW-31A) – Use this form if you are an employee working in New Jersey or you are working for a New Jersey based company and you have a complaint about underpaid or unpaid wages. Your paycheck can be directly deposited if your employer provides this option. Employers who violate your wage and hour rights and the laws of NJ may have to pay administrative penalties. The amount of the penalty would depend on the number of violations and they may also face up to 100 days in prison. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. Confirmation Number *. 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. WHD is committed to ensuring that workers in this country are paid properly and for all the hours they work, regardless of immigration status. Is the employer allowed to reduce my rate of pay?A. Can a group of employees jointly file a claim?A. If the minor is not a New Jersey resident, the paper can be obtained from the district in which the minor has obtained a promise of employment. Benefits may or may not end immediately, depending upon the employer's policy and the health insurer. 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. 34:11-56a1 to 56a30, even if paid on an hourly basis, because they fall within the “professional” exemption. Wage and Hour Claims. However, I now want to give my hourly employees extra hours (over 40) to make up the time. Yes, a working paper is only valid for the employment stated on the certificate.Q. Note: Paid sick leave is addressed under Earned Sick Leave. The NJ Division of Wage and Hour Compliance does not have jurisdiction over complaints involving Family Leave. An individual may have a basis for a claim if the employer fails to adhere to the policy or agreement. If the investigation reveals that there are undocumented workers, what will happen? Is the employer allowed to reduce my rate of pay? In addition, New Jersey law offers protections beyond getting paid overtime, including requiring employers to pay employees their full paycheck on-time. What should I do if my employer has filed for bankruptcy? Notice is not required by either party based on the fact that New Jersey is an "employment at will" state, meaning that an employer or employee may terminate the relationship at any time, without a reason, without cause.Q. 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. Race Discrimination Isnât Just About Skin Color, Getting Divorced? 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. The employer cannot intimidate or threaten an employee with discharge for refusal to accept a payroll debit card. 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. … Temporary Disability & Family Leave Insurance, Employees who were unable to work due to a weather-related emergency or other disaster may be eligible for unemployment benefits, Governor Phil Murphy • Lt. 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. The overtime rate is calculated by using the weighted averaged method. In addition, an employer may not require an employee to purchase a uniform that contains a company logo or cannot be worn as street wear. However, the 2004 Security Officer Registration Act (N.J.S.A. Are employers required to pay benefits such as vacation, severance, holiday pay, etc? We apply New Jersey’s labor laws equally to all workers, regardless of legal status. The mandatory break law only applies to minors under the age of 18 and they must be given a thirty (30) minute meal period after five (5) consecutive hours of work. The employee must consent in writing to being paid with a payroll debit card. Q. Claim Forms. Check Status of Wage Claim. Can an employer make a deduction for uniforms or uniform maintenance? You may file a claim with both the NJ DOL and the Superior Court of New Jersey. May I file a claim if my employer is located out of state?A. Can an employer pay wages with a payroll debit card? If I am a bona fide independent contractor, may I file a wage claim? 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. New Jersey Wage & Hour Online Services File a Wage Claim » Check Status of Wage Claim » File a Referral » Public Works Contractor Registration » Prevailing Wage Rates » Division of Wage & Hour Compliance PO Box 389 Trenton NJ 08625-0389 P: (609) 292-2305 F: (609) 695-1174 Yes. Does the employer have the right to change an employee's hours of work?A. Please refer to New Jersey's Minimum Wage Chart for scheduled increases. While we do not recommend this, you have the option of filing your claim anonymously, but keep in mind that you will only receive information on anonymous claims if a resolution is reached in your favor and monies are due you. For anonymous claims, you must use the term âANONYMOUSâ in the name section of your claim form. To remain anonymous, you must fax or snail mail your forms. 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. The statement can be provided electronically or in hard copy.Q. If I have medical benefits and my employment ends, do the benefits continue? The law takes effect on October 29, 2018. What happens if the results of the investigation are not in my favor?A. I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. 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. Are employers allowed to deduct for shortages or breakage? If I was unfairly terminated, can Wage and Hour help me?A. The employer can reduce your rate of pay as long as you are given advance notice of the reduction. New Jersey Department of Labor and Workforce Development At what age does a minor need an employment certificate? Are employers required to pay sick leave benefits? Do I have to give notice when I quit?When does an employer have to pay final wages to a terminated employee?MINORS / CHILD LABORAt what age does a minor need an employment certificate?What is the procedure for obtaining working papers?Does a minor need new working papers every time he/she changes a job?What kind of work can a minor perform?PAYROLL DEDUCTIONSIs my employer supposed to give me a statement of deductions?Are employers allowed to deduct for shortages or breakage?Can an employer deduct money from my paycheck if I damage company equipment?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?Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?Can an employer make a deduction for uniforms or uniform maintenance?Can an employer make a deduction from my paycheck or require me to pay for a license, certificate or certification that is required in order for me to perform the job?FREQUENCY OF PAYMENT / METHOD OF PAYMENTHow often must an employee be paid?Can I have my paycheck directly deposited into a bank account?Can an employer pay wages with a payroll debit card?BENEFITSAre employers required to pay benefits such as vacation, severance, holiday pay, etc? You are an employee working in New Jersey in a construction-related public works project subject to the NJ State Prevailing Wage Act and you have a complaint about unpaid wages or … 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. More information is available about the New Jersey Family Leave Act and the federal Family and Medical Leave Act is available on the Civil Rights web site at http://www.state.nj.us/lps/dcr/index.html or by calling (609) 292-4605. 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. MINIMUM WAGE / RATE OF PAYHow much is the minimum wage in New Jersey?Do all workers have to be paid the minimum wage?If I am a tipped employee, is my employer required to pay the minimum wage rate?Is the employer allowed to reduce my rate of pay?OVERTIMEWhen is overtime pay due?Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday?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?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?How does an employer compute the overtime rate for a worker who has two or more job titles with different hourly rates?Can my employer require me to work overtime?Can my employer require me to work overtime if I am a health care worker? New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. Lab. 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. Under the NYLL, such claims are subject to a six (6) year statute of limitation, N.Y. It will be necessary for you to participate in the proceeding, present evidence in support of your claim and waive any amount of your claim in excess of $50,000. 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? If I am hired with medical benefits, is my employer allowed to stop this benefit? Are employers required to pay benefits such as vacation, severance, holiday pay, etc?A. Incomplete forms will be returned to you for completion. The type of work and hours of work vary depending upon the age of the minor. You may file an anonymous claim if you so choose, but then neither you nor anyone else will receive any information about the claim unless a resolution is reached with your employer and wages due are sent as part of the resolution. Can an employer deduct money from my paycheck if I damage company equipment? For information on COBRA, visit the United States Department of Labor's website at: www.dol.gov/ebsa/faqs/faq_compliance_cobra.html. § 34:11-56a, et seq.? Holidays + Divorce + COVID-19 = Stress: Has Thanksgiving Turned into Thanksvirus? No, unless you are applying for a security guard position. Yes. 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? 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. 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. Yes. If you are a state, county, municipal, or board of education employee, you must call the U.S. Department of Labor at (609) 538-8310.Q. Yes, you may file a claim. Call (973) 890-0004 - McLaughlin & Nardi, LLC - Experienced, results-oriented attorneys representing people and businesses in business and legal matters. After receiving a promise of employment from an employer, the minor may obtain a blank A300 employment certification form online or from the issuing officer of the local school district where the minor resides. unemployed need not apply, criminal record inquiries, etc.). 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. Are breaks and lunches required by law?A. Division of Wage & Hour Compliance PO Box 389 Trenton NJ 08625-0389 P: (609) 292-2305 F: (609) 695-1174. The Law does not permit deductions for failure to return company property of any kind.Q. 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. Yes. What is the procedure for obtaining working papers? Q. for a property owned or leased by the State of New Jersey. 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. Wage Claim ( MW-31A) - Use this form if you are an employee working in New Jersey or you are working for a New Jersey based company and you have a complaint about underpaid or unpaid wages. 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. Yes. Q. Can an employer make a deduction from my paycheck or require me to pay for a license, certificate or certification that is required in order for me to perform the job? All claims for wages and hours must be filed within two years of the asserted violations. What is the procedure for obtaining the working paper?A. Will I have to pay overtime?UNDOCUMENTED WORKERSIf the investigation reveals that there are undocumented workers, what will happen?LIE DETECTOR AND DRUG TESTSCan the employer require me to take a pre-employment lie detector test?Can I be required to pay for the lie detector test?Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?FAMILY LEAVEAm I eligible for Family Leave?Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave? Staff in Wage and Hour Compliance will try not to reveal the complainant's identity to the employer; however, it may not be possible in some situations. There are two family leave acts. 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 Laborâs Division of Wage and Hour Compliance. http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.htmlÂ. Can a group of employees jointly file a claim? If I am a tipped employee, is my employer required to pay the minimum wage rate? Can I be required to pay for the lie detector test? Only individuals may file a wage claim. No. What do I do if my employer did not pay me all the money I am owed?A. New Jersey Wage & Hour Online Services File a Wage Claim » Check Status of Wage Claim » File a Referral » Public Works Contractor Registration » Prevailing Wage Rates » Division of Wage & Hour Compliance PO Box 389 Trenton NJ 08625-0389 P: (609) 292-2305 F: (609) 695-1174 Your total earnings (hourly wage plus tips) must equal at least the minimum wage per hour. How does an employer compute the overtime rate for a worker who has two or more job titles with different hourly rates?A. Each individual must file a separate claim.Q. If the employer has a New Jersey location or agent, then the case will be handled through the normal processes. 45:19A-1 et seq.) Can my employer require me to work overtime if I am a health care worker? 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? Are employers required to pay sick leave benefits? Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday? (Please be ready to provide your claim number whenever you contact Wage and Hour about your claim. If you chose to file by mail, answer all questions on the claim form. The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. There is a New Jersey Family Leave Act (NJFLA) and a federal Family and Medical Leave Act (FMLA). Yes. If you filed a paper claim, call (609) 292-2305 (have your claim number available). A-70-12 (072742)(N.J. Jan. 14, 2015), the Supreme Court of New Jersey held that the proper test to apply when determining an individual’s status for purposes of the New Jersey Wage Payment Law is the “ABC test”.. 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. Do I have to give notice when I quit? The employer must furnish the employee with a statement of deductions for each pay period. Yes, but unless you are applying for a security guard position, the employer or prospective employer cannot deduct the cost for this from the employee's pay or require the employee or prospective employee to pay for the cost of such drug testing, medical examinations, visual exams, etc. The regular hourly wage is then divided in half to determine the additional premium (half-time) rate due the employee.Example:An employee does clerical work for $12.00 per hour and is also a hostess for $9.75 per hour. Under federal law, many employees, including salaried employees, are entitled to collect time and a half when they work over 40 hours in a given workweek. Wage and Hour Compliance will not be able to process your claim if a case representing your claim has already been filed in a court of law.Q. 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. Yes. 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