(e) For an employee who commences employment after October 29, 2018, earned sick leave shall begin to accrue on the date that the employment commences. (f) For January 1, 2030, on or about September 30, 2029, the Department shall, through a public notice in the New Jersey Register, revise the minimum hourly wage set forth in (a) above by the same amount (not percentage) as the increase in the minimum hourly wage from January 1, 2029 to January 1, 2030, for employees covered under N.J.A.C. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} DEFINITIONS12:57-2.1 DefinitionsThe following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:"Act" means New Jersey State Wage and Hour Law, N.J.S.A. (j) "Minimum fair wage order" means a wage order promulgated pursuant to this act. (b) "Industry engaged primarily in the first processing of farm products" means an establishment which is primarily engaged in the first processing of, or in canning or packing, perishable or seasonal fresh fruits or vegetables for human consumption, during seasonal operations.Back to top12:56-11.2 Minimum wageAll employees including those under the age of 18 engaged in first processing of farm products occupations shall be paid at minimum wage rates as provided in N.J.A.C. These standards are enforced by the Department's Wage and Hour Division. Annually, the Department shall, through a public notice published in the New Jersey Register, provide the new CPI-W, U.S. City Average, adjusted minimum hourly wage. Summary of act, orders, and regulations; postingEvery employer subject to any provision of this act or of any regulations or orders issued under this act shall keep a summary of this act, approved by the commissioner, and copies of any applicable wage orders and regulations issued under this act, or a summary of such wage orders and regulations, posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. 2018, c. 10, Section 5, and N.J.S.A. MINIMUM WAGE STANDARDS34:11-56a.

Beginning in 2024, the commissioner, secretary, and public member shall meet biennially to make either a one or two year recommendation to the Legislature for implementation by way of concurrent resolution. c. Protections of this section shall apply to any person who mistakenly but in good faith alleges violations of this act. c. The director shall prescribe the order of priority of the application of the credit allowed under this section and any other credits allowed by law against the tax imposed under section 5 of P.L.1945, c.162 (C.54:10A-5). Recommendations of wage boardThe report of the wage board shall recommend minimum fair wage rates, on an hourly, daily or weekly basis for the employees in the occupation or occupations for which the wage board was appointed. Therefore, overtime hours for all non-exempt workers are now any hours worked over 40 in a payroll week. Short titleThis act shall be known as the "New Jersey State Wage and Hour Law. Requiring an employer to reduce, or justifying an employer in reducing, rights or benefits provided by the employer pursuant to an employer policy or collective bargaining agreement that are more favorable to employees than those required by the Act or this chapter or which provide rights or benefits to employees not covered by the Act or this chapter; Preventing or prohibiting the employer from agreeing, through a collective bargaining agreement or employer policy, to provide rights or benefits that are more favorable to employees than those required by the Act or this chapter or to provide rights or benefits to employees not covered by this Act or this chapter; Prohibiting an employer from establishing a policy whereby an employee may donate unused accrued earned sick leave to another employee or other employees; or. s.206), or a successor federal law, is raised to a level higher than the State minimum wage rate set by this subsection, then the State minimum wage rate shall be increased to the level of the federal minimum wage rate and subsequent increases based on increases in the CPI-W pursuant to this subsection shall be applied to the higher minimum wage rate. Back to top34:11-56a4.2. "Designated domestic violence agency" means a county-wide organization with a primary purpose to provide services to victims of domestic violence, and which provides services that conform to the core domestic violence services profile as defined by the Division of Child Protection and Permanency in the Department of Children and Families and is under contract with the division for the express purpose of providing the services. (b) "Gratuity" means cash received by an employee for services rendered for an employer or customer of an employer.Back to top12:56-8.2 Gratuity splittingWhere employees practice gratuity splitting (for example, where food servers pay a portion of the gratuities received by them to food clearers), each employee shall have included in wages only the applicable proportionate share.Back to top12:56-8.3 Determining cash gratuities(a) In determining the cash gratuities actually received by an employee, the following methods shall be evidentiary value: Back to top12:56-8.4 Administrative handling of gratuities(a) Provided there is an agreement in advance with the employees, the employer, in order to facilitate the administrative handling of gratuity allowances, may establish an average value of gratuities received by an employee based upon a percentage of gross sales apportioned on basis of hours worked among the employees being tipped. (d) Where an employee has two or more different jobs for the same employer or if an employee's rate of pay fluctuates for the same job, the rate of pay for earned sick leave shall be the amount that the employee is regularly paid for each hour of work as determined by adding together the employee's total earnings, exclusive of overtime premium pay, for the seven most recent workdays when the employee did not take leave and dividing that sum by the total hours of work during that seven-day period. 12:69-1.12 Applicability of N.J.S.A. The contractual hourly rate must include payment of time and one-half of the hourly rate for all hours actually worked in excess of 40 hours per week. Others have more extensive wage and hour laws regulating the relationship between employers and employees beyond that of federal law. (b) The employer shall also pay the Commissioner an administrative fee on all payments of gross amounts due to employees under the Act. HOURS WORKED12:56-5.1 PaymentEmployees entitled to the benefits of the act shall be paid for all hours worked.Back to top12:56-5.2 Computation(a) All the time the employee is required to be at his or her place of work or on duty shall be counted as hours worked. No employer shall be found guilty of violating this provision for failure to keep a true and accurate record of the hours worked by outside salesmen, buyers of poultry, eggs, cream, milk or other perishable commodities in their natural or raw state, homeworkers legally employed in accordance with the laws of this State or any person employed in a bona fide executive, administrative or professional capacity, except that no exemption from record keeping pursuant to this section in regard to any person employed in a bona fide executive, administrative or professional capacity shall be construed to permit an employer to pay wages at a rate which violates the provisions of section 5 of P.L.1966, c. 113 (C. 34:11-56a4).Back to top34:11-56a21. Minimum wage level; establishmentIt is declared to be the public policy of this State to establish a minimum wage level for workers in order to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects of serious and unfair competition resulting from wage levels detrimental to their health, efficiency and well-being.Back to top34:11-56a1. b. 34:11-56a et seq. §§ 201 et seq., or the New Jersey Wage and Hour Law, N.J.S.A.

(l) "Oppressive and unreasonable wage" means a wage which is both less than the fair and reasonable value of the service rendered and less than sufficient to meet the minimum cost of living necessary for health. "Child" means a biological, adopted, or foster child, stepchild or legal ward of an employee, or child of a domestic partner or civil union partner of the employee.

(b) Employers are required to keep a true and accurate record of the hours worked each day. (h) "Employee" includes any individual employed by an employer.

#block-googletagmanagerfooter .field { padding-bottom:0 !important; } Instead the state law authorizes the adoption of the federal minimum wage rate via administrative action. Not later than 30 days after the form of the notification is issued by the Commissioner; At the time of the employee's hiring, if the employee is hired after the issuance of the notification by the Commissioner; and. From 2016 through 2022, the minimum wage will increase annually on a set schedule and will be adjusted annually thereafter based on a set formula. Include a current list of employees with corresponding contact information, including phone number and home address, and a corresponding history of accrual, use, payment, payout, and carry-over of earned sick leave for each employee for the preceding two benefit years.

“Retaliatory personnel action” means denial of any right guaranteed under this act and any threat, discharge, including a constructive discharge, suspension, demotion, unfavorable reassignment, refusal to promote, disciplinary action, sanction, reduction of work hours, reporting or threatening to report the actual or suspected immigrant status of an employee or the employee’s family, or any other adverse action against an employee.

Violations of act; misdemeanorAny employer who willfully hinders or delays the commissioner, the director or their authorized representatives in the performance of his duties in the enforcement of this act, or fails to make, keep, and preserve any records as required under the provisions of this act, or falsifies any such record, or refuses to make any such record accessible to the commissioner, the director or their authorized representatives upon demand, or refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this act to the commissioner, the director or their authorized representatives upon demand, or pays or agrees to pay wages at a rate less than the rate applicable under this act or any wage order issued pursuant thereto, or otherwise violates any provision of this act or of any regulation or order issued under this act shall be guilty of a disorderly persons offense and shall, upon conviction for a first violation, be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment for not less than 10 nor more than 90 days or by both the fine and imprisonment and, upon conviction for a second or subsequent violation, be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than 10 nor more than 100 days or by both the fine and imprisonment.

(c) Where an employee is terminated, laid off, furloughed, or otherwise separated from employment with the employer and where the employee is reinstated or rehired in New Jersey within six months of the separation, any unused earned sick leave advanced by the employee prior to the separation shall be returned to the employee upon rehire or reinstatement. shall be considered presumptive evidence that the employer’s action was  knowingly taken  in retaliation against the employee. (b) The chapter is applicable to all employers and employees.

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