Minimum Wage $15.92 PER HOUR
As of January 1, 2026, New Jersey's minimum wage is $15.92 per hour for most workers. The rate applies to full-time, part-time, and temporary employees, and it adjusts annually based on inflation.
Tipped employees must be paid a cash wage of at least $6.05 per hour in 2026. Employers may take a tip credit of up to $9.87, but the employee's cash wage plus tips must still equal at least $15.92 per hour. If tips do not cover the difference, the employer must make up the shortfall.
Overtime Laws 1.5X RATE
Most non-exempt New Jersey employees must receive overtime at one and a half times their regular rate for hours worked over 40 in a workweek. At New Jersey's $15.92 minimum wage, that equals $23.88 per hour.
A salary does not automatically remove overtime rights. Exempt status depends on pay, duties, and the actual work performed. Employers also must include certain bonuses, commissions, and other compensation when calculating the regular rate.
Meal & Rest Breaks NO ADULT MANDATE
New Jersey does not generally require meal or rest breaks for adult employees. Break rights may still come from an employment agreement, collective bargaining agreement, or workplace policy.
When an employer provides short rest breaks, those breaks are usually paid. A meal period may be unpaid only when the employee is fully relieved of duty and the time qualifies as a bona fide meal period.
Final Paycheck NEXT PAYDAY
When a New Jersey employee quits, is fired, is laid off, or otherwise leaves employment, the employer must pay all wages due no later than the regular payday for the pay period in which the employment ended.
Filing a Claim 6 YEAR WINDOW
New Jersey gives workers up to six years to pursue unpaid minimum wage, overtime, retaliation, and related wage-and-hour claims under the New Jersey State Wage and Hour Law. This is much longer than the federal FLSA deadline.
New Jersey also allows liquidated damages of up to 200 percent of the unpaid wages. In practical terms, a $10,000 unpaid wage claim may be worth up to $30,000 before attorney's fees and costs, depending on the facts and defenses.
Earned Sick Leave 40 HOURS
New Jersey employees generally earn one hour of paid sick leave for every 30 hours worked, up to 40 hours per benefit year. Earned sick leave can be used for the worker's own health needs, certain family care needs, and specific safety-related reasons.
Employers cannot retaliate against workers for using, requesting, or attempting to use earned sick leave. A worker does not have to find a replacement as a condition of using protected sick leave.
Retaliation Protections 90-DAY RULE
New Jersey prohibits employers from taking adverse action against workers for making wage complaints, cooperating with investigations, or exercising wage-and-hour rights. Negative action within 90 days of a wage complaint can create a presumption of retaliation.
Retaliation remedies can include reinstatement, correction of the retaliatory action, lost wages, and liquidated damages. Workers should keep records of when they complained, what they said, and what happened afterward.
Employee Misclassification ABC TEST
New Jersey generally uses the ABC test to determine whether a worker is an employee or independent contractor. A worker is presumed to be an employee unless the employer can prove the worker is free from control, performs work outside the usual course or places of business, and is independently established in the same trade or business.
Misclassification can trigger wage liability, penalties, and additional consequences. Construction workers and staffing-agency workers may have additional protections under New Jersey law.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for New Jersey workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.