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nj wage and hour claim status

nj wage and hour claim status

Under New Jersey's Earned Sick Leave, most employees have a right to accrue sick leave at the rate of 1 hour for every 30 hours worked, up to a maximum of 40 hours of leave per benefit year. Please be advised that there is no New Jersey law concerning the requirement for health insurance coverage. Investigations of all the above employee complaints are carried out by the Division of Wage and Hour Compliance.  To avoid error that may affect your application and for the best results in the outcome of your claim, you may want to consider hiring an experienced employment lawyer to assist you in completing and submitting your forms.  These lawyers will help you understand the process and advocate for you if a hearing is required. Can my employer require me to work overtime if I am a health care worker? Can an employer pay wages with a payroll debit card?A. The employer may wait until the next regular payday designated for the pay period regardless of whether the employee quit or was fired.MINORS/CHILD LABORQ. The reduction cannot be made retroactively for any time worked. However, I now want to give my hourly employees extra hours (over 40) to make up the time. Selected Labor Laws – Complaint Form (MW-31C) – Use this form if you are an employee working in New Jersey or you are working for a New Jersey based company and you have a complaint about an employment issue enforced by Wage & Hour (e.g. However, if the business is licensed for alcohol, the minor cannot work there until age 16 and is limited to specific jobs that do not involve preparing, serving or selling alcoholic beverages. Is my employer supposed to give me a statement of deductions?A. Wage Claim for Non-Payment of Prevailing Wage Rate (MW-31B) – Use this form if you are an employee working in New Jersey in a construction-related public works project. How does an employer compute the overtime rate for a worker who has two or more job titles with different hourly rates?A. exception of certain salaried employees who meet the definition of an executive, administrative or professional. I cannot afford to pay my employees during the time I am closed. Fringe benefits like vacation, severance, holiday or any other type of benefit pay are not required by New Jersey State law. 34:11-56a1 to 56a30, even if paid on an hourly basis, because they fall within the “professional” exemption. Wage Claim (MW-31A) – Use this form if you are an employee working in New Jersey or you are working for a New Jersey based company and you have a complaint about underpaid or unpaid wages. Overtime is paid at the rate of time and one half after forty hours of actual work in a seven-day workweek, with the exception of certain salaried employees who meet the definition of an executive, administrative or professional.Q. Is there a statute of limitations on filing a wage claim? Does my employer have to give me notice when he/she fires me? It is not a violation of the law for benefit coverage to cease immediately. No. What Can You Do to Make Your Marriage a Success? The Wage Payment Law states that an employer cannot make a payroll deduction for a license, certificate or certification that is required in order for an employee to be permitted to perform the job. Can an employer make a deduction from my paycheck or require me to pay for a license, certificate or certification that is required in order for me to perform the job?A. What happens after I file a claim?A. Yes, you may file a claim. What can I do to speed up the claim process? If you are a bona fide independent contractor, you must bring your claim to the small claims court in the county where the employer resides or conducts business. Race Discrimination Isn’t Just About Skin Color, Getting Divorced? MINIMUM WAGE/RATE OF PAYQ. May I file a claim if my employer is located out of state?A. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours, with certain exemptions. What kind of work can a minor perform?A. There are exceptions such as automobile salespersons, outside salespersons and minors under the age of 18, except for minors working in retail, food service, the first processing of farm products, beauty culture occupations, laundry, cleaning and dyeing occupations, light manufacturing and apparel occupations and hotel and motel occupations.Q. Yes. Can an employer deduct money from my paycheck if I damage company equipment? Neither you nor anyone else will be able to check on the status of an anonymous claim.You may file an anonymous claim by mail.Q. Within 10 days of receiving your claim, Wage and Hour Compliance will mail you an acknowledgement letter listing your claim number. I cannot afford to pay my employees during the time I am closed. Can the employer require me to take a pre-employment lie detector test?A. Please refer to New Jersey's Minimum Wage Chart for scheduled increases. In addition, an employer may not require an employee to purchase a uniform that contains a company logo or cannot be worn as street wear. If an employer chooses to provide benefits, it is up to the employer on how it will be administered. New Jersey Employers Will Soon Learn When They Can Use “Good Faith” Defense In Wage Claims Dec. 10, 2019 by Sarah Wieselthier The New Jersey Supreme Court just agreed to review whether the “good faith” defense is available to employers that rely upon determinations made by employees of the New Jersey Department of Labor and Workforce Development. Division of Wage and Hour Compliance While we do not recommend this, you have the option of filing your claim anonymously, but keep in mind that you will only receive information on anonymous claims if a resolution is reached in your favor and monies are due you.  For anonymous claims, you must use the term “ANONYMOUS” in the name section of your claim form.  To remain anonymous, you must fax or snail mail your forms. Your total earnings (hourly wage plus tips) must equal at least the minimum wage per hour. 07-4514, DC NJ, 2008) Final note: It is now more important than ever to make sure you understand the ins and outs of the federal FLSA and New Jersey’s wage-and-hour … WHD is committed to ensuring that workers in this country are paid properly and for all the hours they work, regardless of immigration status. If you are a state, county, municipal, or board of education employee, you must call the U.S. Department of Labor at (609) 538-8310.Q. The Division of Wage and Hour Compliance does not have jurisdiction over state, county or municipal government, or Board of Education employees, except under the Child Labor Law. If you are concerned about the status of your case, please call the Division at (609) 292-2305 and provide your claim or case number (from your acknowledgement letter) and the claims agent will advise you as to the status. When does an employer have to pay final wages to a terminated employee? If I am hired with medical benefits, is my employer allowed to stop this benefit?If I have medical benefits and my employment ends, do the benefits continue? Are employers allowed to deduct for shortages or breakage? Can an employer make a deduction for uniforms or uniform maintenance? However, Section 34:11-4.4b(6) of the Wage Payment Law, NJSA 34:11-4.1 et seq., allows deductions including those for: "Payments authorized by employees or their collective bargaining agents for the rental of work clothing or uniforms or for the laundering or dry cleaning of work clothing or uniforms; provided the deductions for such payments are authorized by the employer."Q. In New Jersey, the law ensures that employees are compensated fairly through a series of provisions known as wage and hour laws. If I am a salaried employee who is exempt from overtime, is my employer required to pay me for days the business was closed due to a weather-related emergency or disaster?A. In New Jersey, the statute of limitation for pursuing a claim of unpaid overtime and/or minimum wage rates is two (2) years. Independent contractors are not covered by the Division of Wage and Hour Compliance. If you work any more than 40 hours per week, New Jersey labor law considers this overtime, and your employer is legally required to pay you 1.5 times your regular hourly rate of pay. In order for NJ DOL to act on your behalf, you must file a claim within two years of the alleged violation. The regular hourly wage is $11.22 per hour.The employee is still due the additional premium pay (half-time) for the 6 overtime hours. The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. Q.Will I be notified of the results of the investigation?A. Be sure to answer all questions as accurately as possible - whether you file online or by mail. If you believe your employment was terminated because you complained about your wages, be sure to include this information when you file your wage claim.If you believe your employment was terminated for reasons that constitute discrimination, call the Division on Civil Rights at (609) 292-4605 or visit their website at www.nj.gov/oag/dcr.If your employment was terminated for any other reason, staff in Wage and Hour Compliance cannot assist you. Yes. If the employee pays for uniforms in cash and the cash payment brings the employee below the minimum wage, the employer shall make up the difference for the minimum wage for that week." If the employer has a New Jersey location or agent, then the case will be handled through the normal processes. Can my employer require me to work overtime? The average hourly rate ($11.22) is divided in half. When does an employer have to pay final wages to a terminated employee?A. What happens if the results of the investigation are not in my favor?A. Does a minor need new working papers every time he/she changes a job? Notice is not required by either party based on the fact that New Jersey is an "employment at will" state, meaning that an employer or employee may terminate the relationship at any time, without a reason, without cause.Q. What do I do if my employer did not pay me all the money I am owed?A. New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. The type of proceeding scheduled is determined by the Wage Collection section. Will I have to pay overtime?UNDOCUMENTED WORKERSIf the investigation reveals that there are undocumented workers, what will happen?LIE DETECTOR AND DRUG TESTSCan the employer require me to take a pre-employment lie detector test?Can I be required to pay for the lie detector test?Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?FAMILY LEAVEAm I eligible for Family Leave?Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave? Can an employer deduct money from my paycheck if I damage company equipment?A. If the medical benefit plan is changing the employer must notify the employees in writing immediately as soon as the employer is notified by the health insurer.Q. Nothing can be deducted from an employee's wages other than those items required and/or specifically permitted by federal law and/or state law.Q. New Jersey Department of Labor and Workforce Development If you worked in New Jersey and you believe that your employer has not properly paid you or if you have a complaint against an employer for violating a NJ Labor Law enforced by Wage & Hour, you must file a wage claim in order to start the process. Are employers required to pay benefits such as vacation, severance, holiday pay, etc? If I have medical benefits and my employment ends, do the benefits continue?A. Effective July 1, 2019 New Jersey’s minimum wage is $10/hour. Yes. If you chose to file by mail, answer all questions on the claim form. No, unless the employee physically worked over 40 hours in the workweek. Only individuals may file a wage claim. For more information on Unemployment Insurance benefits, visit their website at: http://www.nj.gov/labor/ui/content/faq.htmlJURY DUTYQ. Confirmation number. If the decision is favorable to you and your employer owes you money, we will notify your employer. Bebe Stores, No. Does my employer have to give me notice when he/she fires me? If I am hired with medical benefits, is my employer allowed to stop this benefit?A. May a NJ Employer Compel a COVID-19 Vaccine as a Condition of Employment? If your claim does not fall within our jurisdiction, we will return your claim to you, with an explanation.Depending on the nature of the complaint, your claim will be assigned to a field investigator, handled by mail, or scheduled for a Wage Collection proceeding. After receiving a promise of employment from an employer, the minor may obtain a blank A300 employment certification form online or from the issuing officer of the local school district where the minor resides. After we complete the investigation, you will be notified of the results. Filing a complaint can be either formal or informal. However, if the license, certificate or certification is the property of the employee, not exclusive to one employer and is required to perform the job, the employee can be required to pay for it, although not by means of a payroll deduction.FREQUENCY OF PAYMENT/METHOD OF PAYMENTQ. If I work 40 hours and get 8 hours of holiday pay for a total of 48 hours of pay for the week, does my employer have to pay overtime for the hours over 40?A. The Division does not share information with "Immigration".LIE DETECTOR and DRUG TESTSQ. An employment certificate (also referred to as "working papers") is required for all minors under the age of 18.Q. Do I have to give notice when I quit?When does an employer have to pay final wages to a terminated employee?MINORS / CHILD LABORAt what age does a minor need an employment certificate?What is the procedure for obtaining working papers?Does a minor need new working papers every time he/she changes a job?What kind of work can a minor perform?PAYROLL DEDUCTIONSIs my employer supposed to give me a statement of deductions?Are employers allowed to deduct for shortages or breakage?Can an employer deduct money from my paycheck if I damage company equipment?Can an employer deduct money from my last paycheck if I don't return company property such as an ID tag, cell phone, tools, etc?Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?Can an employer make a deduction for uniforms or uniform maintenance?Can an employer make a deduction from my paycheck or require me to pay for a license, certificate or certification that is required in order for me to perform the job?FREQUENCY OF PAYMENT / METHOD OF PAYMENTHow often must an employee be paid?Can I have my paycheck directly deposited into a bank account?Can an employer pay wages with a payroll debit card?BENEFITSAre employers required to pay benefits such as vacation, severance, holiday pay, etc? How much is the minimum wage in New Jersey? Are employers required to pay sick leave benefits? The Law does not permit deductions for damages to company equipment.Q. If an employee wants to work overtime (in excess of 40 hours in the workweek) and will accept straight time, can the employee waive his/her right to overtime pay? View the Frequently Asked Questions for Healthcare Workers for more information. In July 2019 the minimum wage in New Jersey increases to $10.00 per hour and will increase in January 2020 and again each January until 2024 when it will reach $15 per hour. Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday?A. BREAK PERIODSAre breaks and lunches required by law?HOURS OF WORKDoes the employer have the right to change an employee's hours of work?JURY DUTYIs an employer required to pay for jury duty or allow time off for jury duty?SNOW DAYS / STATE OF EMERGENCYAre employers required to pay employees when they are unable to work due to a declared state of emergency?If I am a salaried employee who is exempt from overtime, is my employer required to pay me for days the business was closed due to a weather-related emergency or disaster?Can my employer force me to take a vacation day(s) for the day(s) the business was closed due to a weather-related emergency?I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. Lab. You may file a wage claim online or by mail. Wage Collection – For information about a scheduled wage collection proceeding: NJ Division of Wage & Hour Compliance Wage Collection Section 1 John Fitch Plaza - 1st Floor PO Box 389 Trenton, NJ 08625-0389 P: (609) 292-3658 F: (609) 984-3005 Directions to LWD If the investigation reveals that there are undocumented workers, what will happen? The overtime rate due the employee is calculated as follows:30 hours x $12.00 per hour = $360.0016 hours x $9.75 per hour = $156.00Total gross = $516.00The total gross ($516.00) is divided by the total hours (46) to obtain the regular hourly wage. janitor, security guard, window cleaner, etc.) If you are unsure whether you are considered an independent contractor, it is advisable for you to file a claim with the Division so that a determination can be made as to whether the Division can assist you in pursuing your claim.BANKRUPTCYQ. Will my employer be notified that I filed a claim? If I am hired with medical benefits, is my employer allowed to stop this benefit? PAYROLL DEDUCTIONSQ. No. EARNED SICK LEAVEAre employers required to pay sick leave benefits? No. These employees fall under the jurisdiction of the Federal Wage and Hour Division. Under federal law, many employees, including salaried employees, are entitled to collect time and a half when they work over 40 hours in a given workweek. Wage and Hour Claims. No. It is illegal for employers or prospective employers to make such a deduction from the wages of any employee or require that employee to pay any sum for drug or any other pre-employment testing. Laws & Regulations Minimum Wage Unpaid or Withheld Wages Employment of Minors All … You are an employee working in New Jersey in a construction-related public works project subject to the NJ State Prevailing Wage Act and you have a complaint about unpaid wages or … To arrange an initial consultation at a reduced hourly rate, please call or write us today.  We will be happy to help. The Law states "No deduction from the pay of employees for uniforms shall be permitted. File a Wage Claim. New Jersey’s Minimum Wage MW-562 - Payroll Certification for Public Works Projects Prevailing Wage Contract Threshold Amount is $16,263 Effective July 1, 2019 If I was unfairly terminated, can Wage and Hour help me?A. Social Media and the Internet May Not Be Your BFF, Your Final Divorce May Turn Out to Be at the Starting Line, COVID-19 Impact: Unemployment Surge, Occupational Safety & Family Courts, Failed to pay you at overtime rates for work you performed over 40 hours in one week; or, Improperly classified you as a salaried employee, “exempt” from overtime, when in fact you should be “non-exempt”?Â, Outside salespeople/independent contractors, Executives, administrative personnel, or professionals, Non-Profit or religious Summer Camp employees (June-September), Hire an experienced employment lawyer to assist you, Make sure to answer all questions on the forms, as incomplete responses delay claim processing, Attach copies of documented proofs that support your claim, Do not file more than one claim – as second or third claims cannot be processed by the Division of Wage and Hour Compliance. An employer can require an employee to work overtime provided the employer pays the appropriate wages and does not violate any existing employer-employee collective bargaining agreement.Q. 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. There is more than one way to file a wage claim. Do all workers have to be paid the minimum wage? )We will review your claim to verify that Wage and Hour Compliance has jurisdiction. Most employees have minimum wage protection under the law. Will I have to pay overtime? Q. A. Q. What Is A Wage And Hour Claim? It does not provide any leave entitlement nor any job retention rights. The employer must explain to the employee how the payroll debit card may be used at least one time per pay period to withdraw wages in full, without any fee and without difficulty. You can file a Wage Claim for monies due. 34:11-4.1, et seq., that section of the New Jersey wage and hour law that regulates administrative responsibilities for New Jersey employers, including time and mode of payment, paydays, payment by direct deposit, lawful … It depends. If I am a tipped employee, is my employer required to pay the minimum wage rate?A. Temporary Disability & Family Leave Insurance, Employees who were unable to work due to a weather-related emergency or other disaster may be eligible for unemployment benefits, Governor Phil Murphy • Lt. Employees of the state, county, municipality, or Board of Education should contact the U.S. Department of Labor.  The Division of Wage and Hour Compliance doesn’t have jurisdiction over your claim. Can I have my paycheck directly deposited into a bank account?A. What should I do if my employer has filed for bankruptcy? Are all employees working in New Jersey covered by the laws enforced by the Division of Wage and Hour Compliance? The 2004 Security Officer Registration Act (N.J.S.A. Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc? Please DO NOT send originals..Q. If you filed an online wage claim and have the confirmation number available, please enter it below. However, the Division does not have jurisdiction over employers in other states so if the employer refuses to cooperate the Division cannot take any further action.INVESTIGATION PROCESSQ. Ages 14 and 15 - May perform work in offices, hotels, restaurants, retail stores, etc. Are breaks and lunches required by law?A. If I was unfairly terminated, can Wage and Hour help me? Do I have to give notice when I quit?A. What do you do when you believe you are the victim of wage theft, because your NJ employer: In all such cases, your best, fastest, least expensive bet is to file a complaint with the NJ Department of Labor’s Division of Wage and Hour Compliance.  http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.htmlÂ. The employer must disclose the features of the payroll debit card (for example, withdrawal at any ATM or point-of-sale use), including any fee(s), which may be charged to the employee. If the investigation reveals that there are undocumented workers, what will happen?A. Yes. If an employee wants to work overtime (in excess of 40 hours in the workweek) and will accept straight time, can the employee waive his/her right to overtime pay?A. Is my employer supposed to give me a statement of deductions? Can a group of employees jointly file a claim? Yes. Yes. Each individual must file a separate claim.Q. If the employer does not have a New Jersey location or an agent the Division will informally attempt to resolve the claim. All rights reserved |, Mediation, Arbitration and Collaborative Law, http://lwd.dol.state.nj.us/labor/wagehour/wagehour_index.htmlÂ, New Jersey Courts and Covid: Imperfect Together. Are employers required to provide health insurance coverage?A. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction. Can an employer make a deduction from my paycheck or require me to pay for a license, certificate or certification that is required in order for me to perform the job? Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing? However, for certain executive, supervisory or other special classes of workers, payment can be made once a month as long as there is a regularly established schedule.Q. In a recent case, Hargrove v.Sleepy’s LLC No. The New Jersey Supreme Court Adopts Test For Determining Employment Status In Wage-Payment and Wage-And-Hour Claims If your organization has ever had to consider whether a person is an employee or independent contractor under New Jersey law, you know that the number of tests a court could apply make that a complicated question. Are employers required to pay employees when they are unable to work due to a declared state of emergency?A. If a case representing my claim has already been filed in a court of law, may I file a wage claim? Note:  Paid sick leave is addressed under Earned Sick Leave. I am an employer who had to close my business for several days due to a weather-related emergency or other disaster. The New Jersey Supreme Court granted the petition by the Third Circuit. However, I now want to give my hourly employees extra hours (over 40) to make up the time. EARNED SICK LEAVEQ. The fastest way to file for unemployment insurance benefits is through the internet at www.njuifile.net.People may also file an unemployment claim by telephone by contacting the state Department of Labor's Re-employment Call Centers at:North Jersey (201) 601-4100Central Jersey (732) 761-2020South Jersey (856) 507-2340Out of State (888) 795-6672If a federal disaster is declared and for more information on FEMA services, please call the FEMA emergency number at 1-800-621-FEMA (3362) or 1-800-462-7585 (TTY) for the hearing and speech impaired. The Law does not permit deductions for failure to return company property of any kind.Q. The new gross amount is $549.66. What should I do if my employer has filed for bankruptcy?A. Can an employer pay wages with a payroll debit card? Is the employer allowed to reduce my rate of pay?A. No. Does my employer have to pay me overtime or double time for working on a holiday, Saturday or Sunday? Can an employer deduct money from my last paycheck if I don't return company property such as an ID tag, cell phone, tools, etc?A. Can my employer require me to work overtime if I am a health care worker?A. Holidays + Divorce + COVID-19 = Stress: Has Thanksgiving Turned into Thanksvirus? Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave? It will be necessary for you to participate in the proceeding, present evidence in support of your claim and waive any amount of your claim in excess of $50,000. Are employers required to pay employees when they are unable to work due to a declared state of emergency? If the hourly rate plus tips does not equal at least the minimum wage per hour, the employer is required to make up the difference. The regular hourly wage is then divided in half to determine the additional premium (half-time) rate due the employee.Example:An employee does clerical work for $12.00 per hour and is also a hostess for $9.75 per hour. New Jersey minimum wage is $8.85 per hour, which is higher than the federal minimum wage of $7.25. I cannot afford to pay my employees during the time I am closed. If you filed your claim online, you may If I was unfairly terminated, can Wage and check the status of your claim by going to wagehour.nj.gov (have your confirmation number available). Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?A. If you filed a paper claim, call (609) 292-2305 (have your claim number available). The reduction can not be made retroactively for any time worked two years of results. States Department of labor 's website at http: //lwd.dol.state.nj.us/labor/wagehour/wagehour_index.htmlÂ, New Jersey Leave. 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