Like federal law, New Jersey labor law counts as overtime any hours worked beyond 40 in a given week and requires that overtime hours be paid at a rate of one and one-half the employee’s regular hourly wage.

The overtime requirement does not cover the following employees:

• Outside salespeople
• Employees subject to applicable wage orders
• Employees working in a hotel
• Bona fide executive, administrative, or professional employees (“white collar exceptions”)
• Employees working on a farm, or except those involved in the first processing of farm products
• Employees of common carriers of passengers by motor bus
• Limousine drivers employed by a business that operates limousines
• Employees of a summer camp operated by a non-profit or religious association during the months of June, July, August, and September
• Employees engaged in the raising or care of livestock

New Jersey minimum wage for most employees is  is $15.49 per hour. Employers must make up the difference if an employee’s tips and minimum wage combined do not equal at least the state minimum wage of $15.49 per hour. See the New Jersey Department of Labor for more information.

New Jersey law does not require an employer to provide employees with paid or unpaid meal periods or breaks for employees aged 18 or older. However, the state requires that employees younger than 18 years must be given a 30-minute break after five consecutive hours of work.

Normally for an employer in New Jersey to be able to deduct wages for any allowable reason (e.g. retirement accounts, medical care, cleaning of uniforms), the employer must obtain the employee’s written approval.

New Jersey’s Department of Labor (NJ DOL) may impose administrative penalties for violations of the wage and hour laws. The maximum penalty for a first violation is $250, and for any subsequent violation the maximum is $500. Willful violation of the wage and hour laws can lead, for a first offense, to a fine of between $100 and $1000 and/or between 10 and 90 days in prison. For subsequent violations, the penalty is a fine of between $500 and $1000 and/or between 10 and 100 days in prison.

If your employer owes you wages, you can learn how to file a wage complaint with New Jersey’s Department of Labor (NJ DOL) under the Wage Payment Law or the Wage and Hour Law. 

If you have a wage/hour claim, do not delay in contacting NJ DOL to file a claim, or in contacting a lawyer if you wish to bring a claim in New Jersey Superior Court. In order for NJ DOL to act on your behalf, you must file a claim within two years of the alleged violation. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.

If your employer owes you wages, you can file a claim in New Jersey Superior Court no matter how much money you are owed. In addition to wages due, the court can award you costs and reasonable attorney’s fees. You can file a claim both with NJ DOL and in New Jersey Superior Court, but if you do so NJ DOL will not act on the claim until the court has resolved it. You must file your claim in New Jersey Superior Court within two years of the date on which you believe you were owed wages by your employer. Learn more about how to represent yourself (i.e. without an attorney) in New Jersey state courts.