Do Wage And Hour Laws Apply to Me?

You work hard. You show up on time, perform your job well, and get praise from your superiors. You do not deserve to be taken advantage of. Wage and hour laws are dedicated protections for New Jersey workers so you get paid every cent you deserve. When unscrupulous employers deny you basic rights as an employee, an NJ employment lawyer can help you fight back.

Wondering if New Jersey state and nation-wide federal wage and hour laws apply to you? Here are some basic answers to our clients’ common questions.

Should I be paid the minimum wage?

In most cases, yes. In New Jersey, the minimum wage is $8.25 an hour. Here are some exceptions:

  • If you are a tipped employee, your total earnings (hourly wage plus tips) must equal at least the minimum wage. The suggested rate is $2.13. So, say you are a waiter in a restaurant. If your employer pays you $2.13 an hour, your tips must combine with that wage to equal at least $8.25 per hour.
  • Other exceptions include car salespersons, outside salespersons, and certain minors under the age of 18.

Am I entitled to overtime pay?

If you work more than 40 hours in a seven-day work week, overtime should be paid at the rate of time and one half. There are some notable exceptions: if you are classified as an exempt, salaried employee, you are not entitled to overtime pay. You must meet the definition of executive, administrator, or professional.

Do the NJ laws enforced by the Division of Wage and Hour Compliance apply to me?

The Division of Wage and Hour Compliance covers most employees working in New Jersey, except state, county or municipal government workers and Board of Education employees. These employees fall under the jurisdiction of the Federal Wage and Hour Division

I’m an independent contractor. What rules apply to me?

As an independent contractor, you are not covered by the Division of Wage and Hour Compliance. Complaints can be brought to small claims court if necessary.

Are there special protections for minors under 18?

Yes. There are minimum age requirements for minors working in certain fields. Children under 18 years old are required to be given mandatory breaks after five hours of consecutive work — there are no lunch and break requirements for adults working in New Jersey.

Our New Jersey employment lawyers have only scratched the surface. There are dozens of caveats, special regulations, and exceptions regarding wage and hour laws in New Jersey. Contact the law firm of Aiello, Harris, Marth, Tunnero & Schiffman, P.C. 24/7 at (908) 561-5577  or contact us online to learn more about your legal rights.

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