Wage and Hour Laws in New Jersey
New Jersey has enacted several statutes that strictly regulate the payment of wages to employees. Specifically, the New Jersey Wage Payment Law requires that every employer pay employees the full amount of wages at least twice during the calendar month. Of course, there are certain exceptions to the manner in which employees are paid. The New Jersey Wage and Hour Law, in conjunction with the federal Fair Labor Standards Act (FLSA), provides a minimum wage level for certain employees. In addition, in certain circumstances, employees must be paid for overtime. With the exception of executives, administrators and professionals, in New Jersey, employees who work more than 40 hours a week must receive “time and a half,” (one and one-half times the regular hourly wage), for every hour worked in excess of 40 hours in a week.
The New Jersey Department of Labor and Workforce Development Division of Wage and Hour Compliance enforces labor laws concerning conditions of employment and the payment of wages. If an employee feels they have not been properly paid by their employer, or if an employer is faced with an employee lawsuit due to a dispute about wages, a New Jersey wage and hour attorney at Einhorn Barbarito can help in:
- Filing or defending wage claims;
- Advising clients with regard to the investigative and litigation process; and
- Educating clients on minimum and prevailing wage rates, among other issues and concerns.
Our employment attorneys have extensive experience handling wage and hour matters. In addition to pursuing and defending against wage claims, we also represent employers and complainants who are seeking to appeal a decision or outcome of a Division of Wage and Hour investigation.
In certain circumstances, employers must pay employees prevailing wages when an employee is engaged in public works. Generally, prevailing wages are required on government-funded projects that meet a certain contract threshold. The prevailing wage rate is a minimum wage rate designed to protect union contractors from under-bidding on a public works project. The wage rates vary by employment classification. Prevailing wages are required by the New Jersey Prevailing Wage Act for state projects and under federal laws such as the Davis-Bacon Act and the Service Contract Act. We regularly assist businesses faced with audits by the New Jersey Department of Labor or United States Department of Labor.
If you are a contractor with concerns related to the payment of wages for a public works project, a New Jersey prevailing wage attorney at our firm can guide you through the applicable legal requirements. Additionally, if you are a worker on a public project who believes that an employer has not paid the prevailing wage rate, our attorneys can assist you in bringing a civil claim to secure the money you are due under the law.
Unpaid Commissions? Contact a New Jersey Employment Lawyer for Assistance
Issues related to the payment of commissions and bonuses can be complicated and tend to arise after the employment relationship has been terminated. The attorneys in our Employment Law practice have substantial experience assisting both employers and employees in claims involving unpaid commissions or bonuses. We also work with employers to ensure that they have well-drafted and updated employee bonus or commission structures in place. These documents can help to avoid disputes and resolve disputes after they have arisen.
The Employment Law Practice at Einhorn Barbarito counsels and represents employers and employees throughout New Jersey. If you have questions involving a wage and hour matter or any other type of employment law issue, we invite you to schedule a consultation with a member of our legal team.Print PDF
Employment Law Blog
- New Jersey’s WARN Act: What Employers Need to Know When Conducting Mass Layoffs
- How Employers Should Prepare For The FTC’s New Non-Compete Rule
- What is the “Cullen” Law? New Netflix Movie “The Good Nurse” Tells the Story of What Led to Certain Reporting Requirements for Healthcare Entities and Professionals
- Recent Legislation Prohibits Mandatory Arbitration for Workplace Sexual Harassment Claims
- Governor Modifies New Jersey Law Against Discrimination (NJLAD) to Extend Protection against Age Discrimination for Older Workers
- Job Performance and Employer Liability in the Senior Living Community Workplace: The 5 Steps of a Progressive Discipline Policy
- Supreme Court Rules that Employers will be Held Liable for Relied Upon Promises of Employment
- American Rescue Plan Act of 2021: Focusing on Key Employment Provisions
- The Bullied Employee: Will Quitting Allow for Unemployment Benefits?
- The Employee Handbook and Performance Standards
- The Personnel File: What Documents Should it Contain?
- COVID-19 Vaccinations Have Begun: What Every Employer Should Know at This Time
- New Jersey Courts Continue to Reinforce Broad Deference to Arbitration Agreements in Employment Matters
- In Historic Decision, Supreme Court Rules LGBTQ Workers Are Protected From Discrimination
- PPP Flexibility Act: Congress Passes Relief for PPP Loan Recipients
- COVID-19: Workers Receive Historic Expansion of Unemployment Benefits under CARES Act
- COVID-19 Stimulus Act Alert
- Top 10: Questions Employers Are Asking In The Face Of Coronavirus
- Employment Law Update: COVID-19 Related Family Medical Leave and Paid Sick Leave Laws
- Coronavirus In Senior Care Facilities: Tips For Navigating This New Territory With Residents And Employees
- Coronavirus Raises Employment Issues: Tips For Navigating This New Territory
- #MeToo And The Need For Sexual Harassment Training And Sexual Harassment Investigations
- Employment Law Update: CROWN Act
- What Contractors And Subcontractors Need To Know About New Jersey Department Of Labor Prevailing Wage Investigations
- Appellate Division Clarifies Guidelines For Enforceability And Blue-Pencilling Of Employment Related Restrictive Covenants
- Sick Leave Legislation
- “English Only” Rules In Healthcare Facilities
- New York State And NYC Employers Face Various Upcoming Deadlines Under New Sexual Harassment Rules
- Mandatory Arbitration Of Workplace Disputes
- New Jersey Sick Leave Legislation
- New Jersey Equal Pay Legislation
- Contractors Beware –New Jersey’s Department Of Labor Seeks To Ramp Up Enforcement, Particularly For Prevailing Wage Act Work
- Me Too, Time’s Up!
- #MeToo: What Businesses Must Know To Prevent Sexual Harassment In The Aftermath Of The Harvey Weinstein Scandal
- Language Requirements: Navigating Legal Minefields in Today’s Multicultural Workplaces
- Governor Christie Vetoes NJ Wage History Legislation
- One Strike And You’re Out: Even An Isolated Incident Can Put Employers On The Hook For Hostile Work Environment Claims
- New Jersey Legislation Related To The New York City Salary History Ban
- New York City Passes Law Prohibiting Employers From Inquiring About Salary History For Prospective Employees
- Is It The End Of Overtime As We Know It?
- Should New Jersey’s Uber Drivers Receive Workers’ Compensation Coverage?
- A Cautionary Tale: What You Can Learn From The Sexual Harassment Allegations At Uber
- New Jersey Paid Leave Act
- Drafting An Effective Employee Handbook
- New Bill May Eliminate Effectiveness And Use Of Severance And Separation Agreements
- Employment Interviews: The Do’s And Don’ts
- Mandatory Arbitration Of Workplace Disputes
- Attention Contractors: An Update On The New Jersey Prevailing Wage Act
- New Jersey Prevailing Wage Act
- Overtime – Which Employees Are Entitled To It And How Much Do They Get?