Employment Law

10 Frequently Asked Questions on New Jersey Wage Law

What is the minimum wage in New Jersey?

The minimum wage in New Jersey is $7.25 per hour.  With few exceptions, employees must be paid this hourly rate.

During the course of my employment, can my employer reduce my rate of pay? 

Sign Up for E-News

Yes, but only prospectively and not to a rate below the minimum wage.  A reduction in your rate of pay cannot be made retroactively for any time already worked.

When does my employer have to pay me my overtime?

If you are considered a not exempt from the overtime law, that is, if  your primary duties are not administrative, executive or professional,  you are likely entitled to overtime.  Overtime is mandatory for any worker not exempt from the overtime law provided you work in excess of 40 hours in a seven-day work week.

Can I waive my right to overtime?

No, your employer must pay you overtime at a rate of one and one half times of your regular rate and you cannot agree to waive entitlement to hours worked in excess of 40 in a work week.

Can my employer require me to work overtime?

Unless it violates a union contract or some special regulations, your employer can require you to work overtime.

Is my employer allowed to deduct money from my paycheck for mistakes that I make or for shortages in the cash register?

No, nothing can be deducted from your wages other than those items required or permitted under Federal and State law.  Your employer cannot lawfully deduct money from your pay check for damage to company equipment or for cashier shortages.

Can my employer deduct money from my paycheck for the uniform that I have to wear at work?

No, the NJ Wage Payment Law specifically states that no deductions from the pay of employees shall be allowed for uniforms.

What does it mean to be misclassified as an exempt employee?

A common mistake that many employers make is misclassifying employees.  Exempt employees get salaries but not overtime pay.  Nonexempt employees are usually hourly works and sometimes misclassified as salaried employees.  If you believe that you have been misclassified as an exempt employee, then you may be entitled to the hours of overtime work that you have not been paid.  A consultation with an experienced employment lawyer may afford you with the advice that you need to determine whether you have been misclassified.

My employer hasn’t made payroll for weeks and is promising to pay us, but I am afraid that if I complain, then management will terminate me.  What can I do?

It is illegal to retaliate against an employee for filing a wage claim or complaining about unpaid wages or other violation of the wage laws. You have many options.  You can file a claim online with the NJ Dept. of Labor, Wage and Hour Division for claims up to $30,000.00.  You can also hire an experienced employment law attorney to bring a civil action where you may recover up to 3 years of back wages, overtime due, including an equal amount in liquidated damages. Your employer can also be held liable for your reasonable attorney fees if you prevail in your case.

I am afraid that if I bring an action against my employer for failure to make payroll, then the owners of the company will declare bankruptcy and avoid paying my salary altogether. What can I do?

Under the Federal FLSA and NJ Wage and Hour Law, officers and directors of companies may be personally considered the “employer” for purposes of collecting judgments in wage and overtime law cases.  In other words, the officers and directors that work for your employer may be held personally liable to you in any action against your employer for failure to pay your regular or overtime wages.

Whether you are an employer looking for assistance with employment law issues, or an employee who feels unfairly treated, Fred Shahrooz Scampato can provide you with the benefit of his over twenty years experience in employment law. His goal is to prevent workplace problems from becoming costly litigation. He can be reached at Scampato@aol.com, Scampato@njlaborlaw.com or 908-301-9095. Visit his website at www.njlaborlaw.com.
 

The opinions expressed herein are the writer's alone, and do not reflect the opinions of TAPinto.net or anyone who works for TAPinto.net. TAPinto.net is not responsible for the accuracy of any of the information supplied by the writer.

TAP Into Another Town's News:

You May Also Like

Sign Up for E-News

Westfield

Cranford Township Committee Approves Pet Adoption Ordinance Amid Strong Feedback

October 12, 2017

CRANFORD, NJ – Public comments grew contentious at Tuesday night’s Cranford Township Committee meeting as the committee approved an ordinance to restrict the sales of dogs and cats.

The ordinance requires that a pet shop may only offer for sale cats and dogs that the pet shop has obtained from an animal care facility or animal rescue organization. Additionally, a pet shop may not ...

A Thoughtful Approach — Brindle for Mayor

October 17, 2017

 My husband and I have lived in Westfield for 38 years and raised three children here. Like many of you, we are concerned with the future of our town and the direction we are headed. Last week I asked my husband to join me at a meet and greet in Westfield for mayoral candidate, Shelley Brindle. As a registered Republican and a thoughtful conservative, he approached the event with ...

Road Safety — What Ward 3 Residents Want

October 17, 2017

 

A major concern that Ward 3 voters have shared with me is road and pedestrian safety. Specifically, residents have said there is too much speeding and too many cars that don’t stop at stop signs. I know Westfield can do better in this area, which is critical because so many of our schoolchildren walk to school every day. I plan to contribute Fresh Ideas and Proactive ...

Upcoming Events

Tue, October 17, 3:00 PM

Livingston Avenue School, Cranford

Cranford Community Blood Drive

Giving Back Health & Wellness

Carousel_image_406726001ccea6f98c7a_mini_magick20171006-2428-om1rr8

Wed, October 18, 7:30 PM

Westfield High School, Westfield

BOE Candidate’s Night

Education

Thu, October 19, 2:00 PM

Cranford Community Center, Cranford

Retired & Senior Volunteer (RSVP) Information ...

Giving Back

Audio: Point View's Dietze Talks Tax Reform and The Market on Bloomberg

October 16, 2017

Point View Wealth Management's Founder, President and Chief Investment Strategist, David Dietze, live on Bloomberg on how tax reform may impact the stock market!:

bloomberg.com/news/audio

For nearly 25 years, Point View Wealth Management, Inc. has been working with families in Summit and beyond, providing customized portfolio management services and comprehensive ...

Westfield Police Blotter: Two Arrested in Bike Thefts, Car Reported Stolen & More

October 11, 2017

October 4, 2017 7:15 p.m.

A resident of the 100 block of Tudor Oval reported a theft of a bicycle. Victim stated that his daughter’s blue “Trek” bicycle was stolen by unknown actor(s) from a bicycle rack at the Westfield High School. This incident occurred on October 4, 2017 between 1:45 p.m. and 1:50 p.m.

 

October 4, 2017 6:58 p.m.

A resident of the 600 block ...

New Rate for Business Travel

If you or your employees are planning on traveling for business, you'll want to know that there are new per-diem rates for certain expenses, which are in effect from Oct. 1 2017 to Sept. 30, 2018.

 

New rates includes expenses for transportation industry meals and incidental expenses rates, among others.

 

What you need to know.

Dog Found in Westfield Monday

Dog found Monday morning at Dudley and Prospect. Taken to Westfield Police station. 

 

Tips Make Your Home Photo-Ready and Market-Worthy

You’re selling your home, or you’re starting to think about it, but your house hasn’t been updated or painted in years. You want it to look its best before presenting it to prospective buyers, but you don’t know where to begin.

Home Staging Tips
Sprucing up your home can be as simple as adding a new coat of paint, inside and out, or as extensive as interior renovation ...

Westfield 6th Grader Named Jets ‘Upstander of the Week’

Jackson Dowden, 6th grader at Edison Intermediate School in Westfield, has been selected the New York Jets Tri-State Upstander of the Week.  

Christine Cabrales, physical education teacher who nominated Jackson, stated, “Jackson was nominated by the Edison Physical Education staff because he influences people in a positive way. He proves that he is a role model for ...

Establishing, Revising And Enforcing Time-Sharing With Children

In all cases of divorce or separation where children are involved, the issue of time-sharing (previously referred to as “visitation”) is a significant issue to be addressed.  Unless the parents have agreed to an equal shared custodial arrangement, an appropriate schedule of time-sharing is particularly important for all those involved: the custodial parent, the non-custodial ...

Saving for Higher Education Part 2 – What is your savings strategy?

Most people want to save for their children’s education but what is the best strategy? 

There are three different savings strategies from which you can choose: 

1)         save for 100% of all education costs so that your child has no liability

2)         save a specific dollar amount and ...

Family Health

Second Opinion on Breast Cancer Program Offers Peace of Mind

A breast cancer diagnosis can change a person’s life. And during such devastating news, the sheer amount of information regarding treatment and follow-up care can quickly become overwhelming. However, patients are not alone in this fight. Atlantic Health System’s Breast Cancer Second Opinion Program at Carol G. Simon Cancer Center, Overlook Medical Center, is helping provide peace of ...

Westfield Area YMCA Announces Fall 2 Session Registration

Registration for the Westfield Area YMCA Fall 2 session program registration begins at 6:00pm on Thursday, Oct. 12 for Full members and at 7:30 a.m., Monday Oct.16 for Basic and Non-Members. The Fall 2 Session runs from Oct. 29 to Dec. 23.

Youth basketball league season is gearing up at the Y with a 3-week pre-season ...

What is Co-Dependency? Learn How to Establish Healthy Boundaries

October 15, 2017

JOIN OUR NEW GROUP

Mondays October 23 at 6:30 or Wednesday’s October 25 at 1:00 p.m.

Codependence is a false attachment to a person, place or thing. It becomes a false sense of importance. It is a learned behavior to take care of others’ needs at the expense of our own. It is driven by the excessive need for others’ approval.  Rather than being ...

'The Honeymooners' smart, snappy production

Smart, sassy production of ‘The Honeymooners’ takes off at Paper Mill

By Liz Keill

MILLBURN, NJ – “And away we go” indeed. The creative team at the Paper Mill Playhouse has taken the seeds of “The Honeymooners” from 1950’s television and turned it into a smart, snappy musical.

Ralph Kramden and Ed Norton are still up to their get-rich-quick ...

The Chatham Library Was Once the Site of a Luxury Hotel

DID YOU KNOW that the Library of the Chathams sits on a site formerly occupied by a luxury hotel? And that the hotel’s livery stable stood facing Passaic Avenue, near where Memorial Pool currently sits?

Chatham was a popular destination during the Resort Era, which spanned from the 1880s through the start of World War I. The Fairview House opened its doors as a summer hotel for the ...

Obituaries

Oct 24, 1926 - Aug 14, 2017
Elizabeth H. List, 90, of Westfield and Cape May, NJ, died peacefully surrounded by her family ...
Read more

Video: Firefighters Battle Five-Alarm Blaze in North Plainfield

October 17, 2017

NORTH PLAINFIELD — Firefighters continue to battle a five-alarm fire that began in the early hours of Tuesday morning at the vacant Villa Maria facility at 641 Somerset Street. At 10 a.m. the fire was still burning and fire companies were being rotated, continuing to operate by hitting hot spots of active fire, authorities said.

Somerset Street South was closed and ...