Wage and hour rights for New Jersey workers
Some of the strongest wage laws in the country
New Jersey's 2019 Wage Theft Act gave workers six years to sue and the possibility of liquidated damages of up to 200% of the unpaid wages. Combined with the state's strict test for independent contractors, New Jersey law is often the most powerful tool a worker has.
New Jersey minimum wage in 2026
| Type of employer or work | Hourly minimum |
|---|---|
| Most employers | $15.92 |
| Seasonal employers and employers with fewer than six workers | $15.23 |
| Agricultural work | $14.20 |
| Direct care staff at long-term care facilities | $18.92 |
| Tipped workers (cash wage) | $6.05, with tips bringing the total to at least the minimum |
Your rights under New Jersey law
- Overtime at one and a half times your regular rate for hours over 40 in a week.
- The ABC test. A worker is presumed to be an employee unless the business proves all three parts of the test.
- A statement of deductions with each payment of wages (N.J.S.A. 34:11-4.6).
- Earned sick leave: one hour for every 30 hours worked, up to 40 hours a year.
- Protection from retaliation, with a presumption that an adverse action within 90 days after a complaint to the Labor Commissioner or a lawsuit is retaliation.
- Successor liability. A business that takes over from an employer that violated the wage laws can be held responsible.
- Domestic workers' rights. Since July 1, 2024, the New Jersey Domestic Workers' Bill of Rights protects nannies, house cleaners and home care workers. See nannies and domestic workers.
What a New Jersey wage case can recover
- Unpaid minimum wage and overtime for up to six years
- Liquidated damages of up to 200% of the unpaid wages (with a limited safe harbor for some first violations)
- Attorney's fees and costs
Our attorneys are admitted in New Jersey and in the U.S. District Court for the District of New Jersey. Learn more about unpaid wages and overtime and discrimination under the New Jersey Law Against Discrimination.
Frequently asked questions
How long do I have to bring a wage claim in New Jersey?
Six years under the Wage Theft Act, which is much longer than the two or three years allowed under federal law.
My employer says I am an independent contractor. Am I?
Under New Jersey's ABC test you are presumed to be an employee. The business must prove that you are free from its control, that your work is outside its usual business or places of business, and that you run an independently established business of your own.
I was fired a few weeks after complaining about my pay. What can I do?
New Jersey presumes retaliation when an employer takes action against a worker within 90 days after a complaint to the Labor Commissioner or a lawsuit. Speak with a lawyer quickly and keep every message about the firing.