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Wage & Hour and Contract Compliance

Laws and Regulations

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The New Jersey Division of Wage and Hour Compliance enforces New Jersey State Labor Laws regarding minimum wage, earned sick leave, methods of wage payment, child labor, and workplace labor standards. Below are links to some of the laws enforced by the Division.

These statute and rule reprints are for ready reference only. For official text consult the New Jersey Statutes Annotated and the New Jersey Administrative Code.

If for some reason you do not find the information you are looking for here, the topic may fall outside of the jurisdiction of the Division of Wage and Hour Compliance. Click here to learn more.

Minimum Wage and Overtime Wage Rate

The New Jersey State Wage and Hour Law establishes a minimum wage rate and overtime rate for all workers in New Jersey that are covered by the Act. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions.

Unpaid or Withheld Wages

The New Jersey State Wage Payment Law stipulates the time, manner and mode of payment, and prohibits the withholding of wages for illegal deductions, such as breakage, spillage and cash register shortages.

Public Contract Wages

The New Jersey Prevailing Wage Act stipulates the payment of prevailing wage rates for workers on construction projects that are subsidized by public funds, and establishes a fair bidding mechanism for both union and non-union workers.

State Building Service Contract Wages and Benefits

The State Building Service Contracts Act stipulates the payment of federal wage and benefit rates for workers performing "building services" for properties or premises owned or leased by the State.

Mandatory Overtime Restrictions (applies only to health care workers)

The New Jersey State Wage and Hour Law stipulates the conditions under which health care facilities may require certain hourly employees to work overtime.

Earned Sick Leave

Effective October 29, 2018, the New Jersey Earned Sick Leave Law allows employees to accrue 1 hour of earned sick leave for every 30 hours worked, up to 40 hours each year. The law permits employers to create policies that provide additional leave time.

Fringe Benefits

The New Jersey Wage Payment Law and Selected Labor Laws enforce separate benefit packages which the employer has agreed to provide, such as payment of holidays, vacation and personal days, and reimbursement of certain expenses.

Health Benefits (requirements for notifying employees of changes)

Chapter 11A, Title 17, Chapter 30 establishes rules that an employer that provides a health benefits plan to employees must follow in regards to notifications of changes in benefits.

Child Labor

The New Jersey Child Labor Law and Regulations specify the hours of work for minors, the type of occupations permitted to be performed, and the issuance of proper employment certificates for all minors under 18 years of age.

Farm Labor

The New Jersey Crew Leader Registration Act and Selected Farm Labor Laws require the registration of crew leaders, outlines minimum wage and wage payment standards, and authorizes the investigation and site inspection of migrant farm labor camps, drinking water and toilet facilities, contractors, growers and food processors operating in the State of New Jersey.

Public Works Contractor Registration

The Public Works Contractor Registration Act establishes a unified procedure for the registration of contractors and subcontractors engaged in public works building projects. The act requires an annual registration fee of $500, and after successful completion of two consecutive years of registration, a contractor may elect to register for a two-year period and pay a registration of $750.

All contractors and subcontractors who bid on or engage in construction related public work must register with the New Jersey Department of Labor and Workforce Development.

Apparel Industry Registration

The New Jersey Apparel Registration Act requires the registration of anyone engaged in manufacturing or contracting in the apparel or embroidery industries in New Jersey as well as any person outside the State who contracts to perform work in the State of New Jersey.

Industrial Homework Registration

The New Jersey Industrial Homework Law and Regulations require the issuing of licenses, permits and certificates for employers and home-based businesses involved in the manufacturing, altering, finishing and distribution of certain articles, materials and goods. The manufacturing of apparel in the home by a home worker performing work for an apparel manufacturer or contractor is prohibited.

Sheltered Workshops Special Permit

The New Jersey State Wage and Hour Law authorizes the employment of individuals with disabilities by charitable organizations or institutions at a rate less than the minimum wage, and requires the issuing of special permits detailing the duration, type of work performed and the payment of commensurate wages.

Solid Waste (records required in collection and transportation)

34:11-68 establishes that every contract with a public body under which a contractor or subcontractor engages in the work of the collection or transportation of solid waste, including any recyclable materials other than recycled or reclaimed asphalt or concrete, for the public body shall contain a provision requiring the contractor and subcontractor to keep accurate records.

Construction Industry Independent Contractor

The Construction Industry Independent Contractor Act concerns the improper classification of employees as independent contractors in the construction industry.

General Misclassification

Review general misclassification laws here.

Opportunity to Compete (for persons with criminal records)

The Opportunity to Compete Act establishes that an employer cannot require an applicant to complete an application that inquires about the applicant’s criminal record during the initial employment application process.

Prohibited Job Advertisements

N.J.S.A. 34:8B-1 et seq. establishes that no employer or employer's agent, representative, or designee shall knowingly or purposefully publish, in print or on the Internet, an advertisement for any job vacancy in this State that violates certain provisions.

Electronics Communications Devices

N.J.S.A. 34:6B-5 et seq. establishes that no employer shall require or request a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to, a personal account through an electronic communications device.