New Jersey is committed to ensuring fair wages for workers across all industries. With ongoing increases to the minimum wage and new protections for employees, understanding your rights is more important than ever. Whether you’re an employee ensuring compliance or an employer navigating your obligations, this guide provides a comprehensive overview of New Jersey’s minimum wage laws in 2024.
If you believe your employer is violating these laws, Swartz Swidler is here to help you protect your rights.
Comparing New Jersey’s Minimum Wage Laws to Federal Standards
| Category | New Jersey Minimum Wage Laws (2024) | Federal Minimum Wage Laws |
|---|---|---|
| Minimum Wage Rate | $15 per hour for most workers. | $7.25 per hour (unchanged since 2009). |
| Tipped Employees | $5.26 per hour (employer must ensure total earnings equal $15/hour). | $2.13 per hour (employer must ensure total earnings equal $7.25/hour). |
| Small Business Employees | $14 per hour for businesses with fewer than six employees. | No specific provisions for small businesses. |
| Seasonal Employees | $14 per hour for seasonal workers. | No seasonal worker distinction. |
| Agricultural Workers | $13.50 per hour, with scheduled increases. | Generally exempt from minimum wage requirements. |
| Overtime Pay | 1.5 times the regular pay rate for hours over 40/week. | Same as NJ; 1.5 times the regular pay rate. |
| Inflation Adjustments | Tied to the Consumer Price Index (CPI). | No inflation adjustments. |
| Filing Wage Claims | Six-year statute of limitations to file wage claims. | Two-year statute of limitations (three for willful violations). |
What Is New Jersey’s Minimum Wage in 2024?
1. Standard Minimum Wage:
As of January 1, 2024, the standard minimum wage in New Jersey is $15 per hour for most workers, fulfilling the gradual increases set by legislation passed in 2019.
2. Exceptions to the Standard Rate:
Some categories of workers have different minimum wage rates:
- Tipped Workers: Employers can pay tipped employees a base wage of $5.26 per hour, provided tips bring their total earnings to at least $15 per hour.
- Seasonal and Small Business Workers: Employees of seasonal businesses or businesses with fewer than six employees earn $14 per hour in 2024.
- Agricultural Workers: The minimum wage for farmworkers is $13.50 per hour.
3. Scheduled Increases:
Workers earning less than $15 per hour under specific categories will see additional annual increases until their wages align with the standard minimum wage by 2027.
Who Is Covered Under NJ’s Minimum Wage Laws?
Who Is Covered Under NJ’s Minimum Wage Laws?
1. General Coverage:
Most employees in New Jersey are covered under the state’s minimum wage laws, including those in retail, hospitality, and administrative roles.
2. Exempt Workers:
Certain categories of workers are exempt, such as:
- Federal employees (covered by federal wage laws).
- Casual babysitters and other domestic workers employed on an occasional basis.
- Certain students working part-time in educational institutions.
3. Protections for Tipped Employees:
Employers must ensure that the combination of base pay and tips equals at least $15 per hour. If it falls short, the employer is responsible for making up the difference.
Understanding Wage Violations
1. Common Employer Violations:
Employers may violate minimum wage laws through:
- Paying below the mandated minimum wage.
- Misclassifying employees as independent contractors to evade wage requirements.
- Failing to account for overtime pay for hours worked beyond 40 per week.
2. Signs of Wage Theft:
- Receiving paychecks that don’t match hours worked.
- Being asked to work “off the clock.”
- Unexplained deductions from wages.
3. Impact on Workers:
Wage theft undermines financial stability, often leaving workers struggling to meet basic needs.
Legal Protections for NJ Workers
1. New Jersey Wage and Hour Laws:
These laws ensure that workers are paid the state-mandated minimum wage and receive overtime for hours worked beyond 40 per week.
2. Federal Fair Labor Standards Act (FLSA):
The FLSA complements NJ laws by setting a federal baseline for minimum wage and overtime pay, though NJ’s laws often provide greater protections.
3. Filing a Complaint:
Workers can report violations to the New Jersey Department of Labor (NJ DOL) or the U.S. Department of Labor’s Wage and Hour Division.
4. Statute of Limitations:
Workers have six years to file a wage claim in New Jersey.
Updates and Changes for 2024
1. Scheduled Wage Increases:
New Jersey has reached its $15-per-hour minimum wage milestone for most workers, with further increases scheduled for exceptions like tipped employees and seasonal workers.
2. Inflation Adjustments:
The minimum wage will continue to adjust based on the Consumer Price Index (CPI) to ensure it keeps pace with inflation.
3. Industry-Specific Changes:
Additional protections may apply to specific industries, such as updated overtime rules for agricultural workers.
Steps to Take If You’re Paid Below Minimum Wage
1. Document Your Wages:
- Keep records of your hours worked, pay stubs, and any communications with your employer about pay.
2. Communicate with Your Employer:
- Address the issue directly with your employer to request corrections.
3. File a Complaint:
- Submit a claim to the NJ DOL or the U.S. Department of Labor’s Wage and Hour Division.
4. Seek Legal Assistance:
- Consult with an employment attorney to recover lost wages and hold your employer accountable.
How Swartz Swidler Can Help
1. Free Case Evaluations:
We’ll assess your situation to determine whether your employer is violating minimum wage laws.
2. Comprehensive Legal Representation:
From filing complaints to negotiating settlements or pursuing litigation, we’ll guide you every step of the way.
3. Proven Results:
Swartz Swidler has successfully helped workers recover unpaid wages and secure justice against non-compliant employers.
Contact us today at (856) 685-7420 or visit swartz-legal.com to protect your rights.
Frequently Asked Questions About NJ’s Minimum Wage
1. What is the minimum wage for tipped workers in 2024?
Tipped workers earn a base wage of $5.26 per hour, but employers must ensure their total earnings, including tips, equal at least $15 per hour.
2. Are small business employees covered under NJ’s minimum wage laws?
Yes, but small businesses with fewer than six employees are allowed to pay $14 per hour in 2024.
3. What should I do if my employer isn’t paying me the minimum wage?
- Document your hours and pay.
- File a complaint with the NJ DOL or consult an employment attorney for legal assistance.
4. How do minimum wage increases affect inflation?
New Jersey adjusts its minimum wage based on inflation to ensure it keeps up with the rising cost of living.
5. Are there any exceptions to the $15 minimum wage?
Yes, exceptions include tipped workers, seasonal employees, and agricultural workers, who are subject to lower rates with scheduled increases.
Conclusion
New Jersey’s minimum wage laws in 2024 reflect a commitment to fair pay and worker rights. Understanding these laws empowers employees to protect themselves and ensures employers meet their obligations.
If you’re not being paid fairly, Swartz Swidler is here to help. Contact us today at (856) 685-7420 or visit swartz-legal.com for a free consultation and expert guidance.
