Both federal and New Jersey state regulations govern wage and hour laws in Bergen County, with the goal of ensuring employees are fairly compensated for their work. These laws address issues such as minimum wage, overtime pay, recordkeeping, and protections against unlawful deductions. Unfortunately, some employers in New Jersey violate these laws to cut costs, often at the expense of their workers. If you believe your wage and hour rights were violated, contact the Bergen County wage and hour lawyers at Carcich O’Shea to discuss your legal options.

Who Is Covered by Wage and Hour Laws?

Wage and hour protections apply to most workers in Bergen County. However, certain employees are classified as “exempt” under state and federal law and therefore do not receive minimum wage or overtime protections. Common exemptions include executive, administrative, professional, and outside sales employees. Non-exempt workers, by contrast, are entitled to both minimum wage and overtime pay.

If your employer misclassified you as exempt—or labeled you an independent contractor when you function more like an employee—they may have violated the law.

What Are Common Wage and Hour Disputes?

As of January 1, 2025, New Jersey’s minimum wage is $15.49 per hour for most workers. Tipped employees must receive a cash wage of at least $5.62 per hour, with a maximum tip credit of $9.87. If tips and the cash wage do not meet the minimum wage, the employer must pay the difference.

Overtime pay is required at 1.5 times the regular rate of pay for hours worked over 40 in a workweek for non-exempt employees.

Common wage and hour violations in Bergen County include:

• Unpaid overtime
• Failure to pay minimum wage
• Misclassification of employees as exempt or independent contractors
• Unlawful deductions from paychecks
• Denial of earned sick leave
• Failure to pay for rest breaks under 20 minutes when provided

What Protections Do Employees Have?

New Jersey workers have several key protections:

• Timely Payment: Employers must pay wages at least twice per month, on regularly scheduled paydays. Changes to pay rates or paydays must be communicated in advance.
• Earned Sick Leave: Employees accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours per year.
• Retaliation Protection: It is illegal for an employer to retaliate against employees for asserting their rights under wage and hour laws, including filing a complaint or participating in an investigation.

What Should You Do if Your Rights Are Violated?

If you suspect your employer violated wage and hour laws, you have options. You may:

• File a claim with the New Jersey Department of Labor and Workforce Development (NJDOL).
• Speak to an attorney about recovering unpaid wages or overtime.
• Pursue compensation through a civil lawsuit.

Are There Time Limits for Filing Claims?

Yes. The time limits (statutes of limitations) for wage and hour claims include:

• Unpaid overtime and minimum wage claims: Must generally be filed within two years, or three years if the violation was willful.
• Wage payment violations (e.g., unpaid wages, commissions, bonuses, or benefits): Must be filed within six years under the New Jersey Wage Payment Law.

What Are the Meal and Rest Break Rules in New Jersey?

Unlike some states, New Jersey does not require private employers to provide meal or rest breaks for adult employees. However, if an employer voluntarily provides a break under 20 minutes, it must be paid as part of the workday. For minors under 18, the law requires a 30-minute break after five consecutive hours of work.

What Are the Recordkeeping Requirements for Employers?

Employers in New Jersey are legally required to keep detailed payroll and employment records for at least six years, including:

• Employee name, address, and birth date
• Daily and weekly hours worked
• Regular hourly rate and gross-to-net earnings with itemized deductions
• Basis of pay (hourly, salary, etc.)
• Total gratuities received (for tipped employees)

Failure to maintain these records can result in legal and financial penalties.

What Are the Penalties for Wage and Hour Violations?

New Jersey has strengthened its enforcement of wage and hour laws in recent years. Penalties include:

• Fines of $500 to $1,000 or imprisonment of 10 to 90 days for a first offense.
• Higher fines or longer jail time for repeat offenses (up to $2,000 and/or 100 days).
• Treble damages (triple the amount of unpaid wages) plus attorney’s fees for successful employee claims.
• Possible criminal charges for repeated or intentional violations.

What Is the New Pay Transparency Law?

Beginning June 1, 2025, New Jersey employers must include the salary or hourly wage (or a wage range) in job postings for new positions, promotions, or transfers. Postings must also provide a general description of benefits and any other compensation available within the first 12 months of employment.

Noncompliance may lead to civil penalties of $300 for a first violation and $600 for each subsequent violation.

How Are Prevailing Wage Laws Enforced?

For publicly funded construction projects, New Jersey’s Prevailing Wage Act requires employers to pay workers at least the prevailing wage rate for their trade and location. These rates are set by the state and often exceed the general minimum wage. Contractors must also submit certified payrolls and adhere to strict compliance standards.

What Are the Employer’s Obligations When Employment Ends?

When an employee is terminated, laid off, or resigns, the employer must pay all final wages by the next regular payday. If there is a dispute about the amount owed, the employer must pay all undisputed wages immediately, and the employee may pursue the balance through a wage claim.

How Does Wage and Hour Law Affect Tipped Employees?

Tipped workers must receive at least $5.62 per hour in direct wages as of January 1, 2025. Employers may apply a tip credit of up to $9.87, provided the total (tips + wages) equals or exceeds the $15.49 minimum wage.

Additional rules include:

• Employers cannot deduct from tips for losses or breakage.
• Tip pooling is allowed, but only among customarily tipped employees.
• Employees must receive all tips earned, unless shared under legal pooling agreements.

Take Action Today Against Your Employer with the Bergen County Wage and Hour Lawyers at Carcich O’Shea

If you believe that your employer violated wage and hour laws in any way, turn to the trusted Bergen County wage and hour lawyers at Carcich O’Shea. We will combine our experience, record of recognition, and client-focused approach to help you resolve your wage and hour concerns. Call our Hackensack, New Jersey office location today at 201-988-1308 or contact us online for an initial consultation. We proudly serve clients in Bergen County, Edison Township, Middlesex County, Essex County, Morris County, and Passaic County.