Minimum wage and overtime laws are essential components of labor rights that protect workers across the United States, including New Jersey and Pennsylvania. Understanding these laws can help employees ensure they receive fair compensation for their work and navigate potential disputes with employers. If you are looking for an overview of minimum wage and overtime laws for New Jersey and Pennsylvania, you have come to the right place. This article will go over the key regulations, exemptions, and what to do if you believe your rights have been violated.
Key Takeaways
- Minimum wage laws, established by the Fair Labor Standards Act (FLSA), set a federal baseline of $7.25 per hour. New Jersey’s minimum wage is $14.13 per hour, set to increase to $15 by 2024, while Pennsylvania’s remains at $7.25.
- Certain workers, such as tipped employees, interns, and apprentices, may be exempt from minimum wage laws. Employers can pay tipped employees a lower base wage if their tips bring their total earnings to the minimum wage.
- Non-exempt employees must receive overtime pay for hours worked over 40 in a week, typically at a rate of one and a half times their regular pay. New Jersey also mandates overtime for employees working over 8 hours in a day.
- Employees in specific roles, such as executive, administrative, or professional positions, may be exempt from overtime pay, provided they meet certain salary and duty criteria.
Minimum Wage Laws—Federal and State
The first thing to go over is the laws that may affect you directly, namely the federal and state minimum wage laws for where you live. According to the federal government, the nation’s minimum wage was established under the Fair Labor Standards Act (FLSA), which is the baseline amount that employers must pay their employees. As of 2023, the federal minimum wage is $7.25 per hour. However, many states and localities have set higher minimum wage rates, and employers are required to pay the higher amount.
For matters of state, minimum wage can differ. As of 2023, the minimum wage in New Jersey is $14.13 per hour, with plans to gradually increase it to $15 per hour by 2024. In Pennsylvania, the minimum wage is currently $7.25 per hour, but there have been ongoing discussions about raising it to better reflect the cost of living.
Exemptions and Special Cases in NJ and PA
There are certain industries or categories of workers who are exempt from minimum wage laws, including tipped employees, interns, and apprentices. In both NJ and PA, employers can pay tipped employees a lower base wage, provided their tips bring their total earnings up to the minimum wage. Additionally, some unpaid internships and apprenticeships may not be subject to minimum wage requirements, but strict guidelines govern these exemptions.
Overtime Laws in NJ and PA
Under the FLSA, non-exempt employees are entitled to receive overtime pay for hours worked over 40 in a workweek. Overtime is typically paid at a rate of one and a half times the employee’s regular rate of pay. That said, NJ has additional provisions that work alongside the FLSA. New Jersey mandates overtime pay for all hours worked over 40 in a week, as well as for certain employees who work more than 8 hours in a day.
Exemptions for Overtime
Some employees may be exempt from overtime pay, including executive, administrative, or professional employees who meet specific salary and duty criteria. Others may be those who are primarily engaged in selling goods or services away from the employer’s place of business, such as travelling business people.
What to Do if You Believe Your Rights Have Been Violated
If you suspect that your employer is not complying with minimum wage or overtime laws, it’s essential to take proactive steps to protect your rights. Here are some actions you can take.
1. Document Everything
Begin by keeping meticulous records of your work hours, wages, and any communications related to pay. This includes maintaining a log of hours worked each day, noting any overtime, as well as saving all pay stubs and relevant payroll documents that reflect your earnings. Additionally, it’s important to document emails, messages, or notes from conversations with your employer regarding pay discrepancies or policies. This evidence will be crucial if you decide to pursue a claim. Having thorough documentation provides a solid foundation for any complaint or legal action you may need to take.
2. Review Company Policies
Take the time to familiarize yourself with your employer’s policies regarding wages and overtime. This may involve reading through the employee handbook or any official company documents that outline compensation policies. If needed, consult with your HR department to clarify your understanding of the policies. Knowing these guidelines can help you determine if your employer is in violation of their own rules. Understanding your employer’s policies will better prepare you to address any violations effectively.
3. Report the Issue Internally
If you feel comfortable, consider reporting your concerns to your supervisor or HR department. When doing so, be clear and concise about your concerns regarding wage or overtime violations, providing specific examples and evidence if possible. It’s important to follow your company’s internal procedures for reporting issues, which may include filling out specific forms or adhering to a chain of command. Many companies have established processes for resolving wage disputes and may be willing to address the issue internally without further escalation.
4. File a Complaint
If your internal efforts do not lead to a satisfactory resolution, you can file a complaint with the appropriate state or federal agency. In New Jersey, you can contact the New Jersey Department of Labor and Workforce Development, while in Pennsylvania, you should reach out to the Pennsylvania Department of Labor and Industry. These agencies can investigate your claims and enforce labor laws. If your situation involves federal laws, consider filing a complaint with the U.S. Department of Labor, which oversees compliance with the Fair Labor Standards Act (FLSA). Filing a complaint may prompt an investigation into your employer’s practices and could lead to necessary corrective actions.
5. Seek Legal Advice
Consulting with an employment attorney can provide crucial guidance tailored to your specific situation. An attorney can help clarify your rights under state and federal laws, including the potential for recovering lost wages. Legal counsel can also guide you through the complaint process, ensuring you follow the correct procedures and deadlines. If necessary, your attorney can represent you in negotiations or court proceedings, advocating on your behalf to achieve a fair outcome. Having an experienced attorney can significantly bolster your chances of a successful resolution.
Contact an Employment Lawyer Today to Learn More
Taking the right steps when you believe your rights have been violated is essential for ensuring fair treatment in the workplace. By documenting your concerns, understanding company policies, reporting issues internally, filing complaints when necessary, and seeking legal advice, you empower yourself to advocate for your rights effectively. If you find yourself in this situation, the team at Swartz Swidler, LLC is here to help you navigate the complexities of wage and hour laws. Contact us today at 856-685-7420 for assistance and support in your pursuit of justice.
