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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
New Jersey employers must provide employees under the age of 18 with a 30 minute
break after 5 consecutive hours of work. NJSA 34:2-21.17d(g)(4).
New Jersey does not require employers to provide breaks, including lunch breaks, for
workers 18 years old or older. An employer who chooses to provide a break in excess of
20 minutes does not have to pay wages for lunch periods or other breaks if the employee
is free to leave the worksite, in fact takes their lunch or break, and the employee does not
actually perform work. According to federal law, breaks 20 minutes or shorter typically must
be paid. NJ Dept. of Labor FAQs.
New Jersey employers must provide employees under the age of 18 with a 30 minute
break after 5 consecutive hours of work. NJSA 34:2-21.17d(g)(4).
New Jersey does not require employers to provide breaks, including lunch breaks, for
workers 18 years old or older. An employer who chooses to provide a break in excess of
20 minutes does not have to pay wages for lunch periods or other breaks if the employee
is free to leave the worksite, in fact takes their lunch or break, and the employee does not
actually perform work. According to federal law, breaks 20 minutes or shorter typically must
be paid. NJ Dept. of Labor FAQs.
Vacation
In New Jersey, employers are not required to provide employees with vacation benefits,
either paid or unpaid. NJ Dept. of Labor FAQs. If an employer chooses to provide these
benefits, it is only required to comply with its established policy or employment contract. NJ
Dept. of Labor FAQs.
Neither New Jersey’s Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
Although New Jersey’s authorities are silent regarding many vacation policy issues, based
on the contractual emphasis New Jersey has placed on vacation policies, an employer is
likely free to implement the vacation policy of its choosing. NJ Dept. of Labor FAQs. An
employer would be required to comply with the terms of its policy or contract. NJ Dept. of
Labor FAQs.
In New Jersey, employers are not required to provide employees with vacation benefits,
either paid or unpaid. NJ Dept. of Labor FAQs. If an employer chooses to provide these
benefits, it is only required to comply with its established policy or employment contract. NJ
Dept. of Labor FAQs.
Neither New Jersey’s Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
- establish a policy or enter into a contract denying employees payment for accrued
vacation leave upon separation from employment, - deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter, - require an employee to comply with specific requirements to qualify for payment of
vacation leave upon separation from employment, such as giving two weeks notice
or being employed as of a specific date of the year, - cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Although New Jersey’s authorities are silent regarding many vacation policy issues, based
on the contractual emphasis New Jersey has placed on vacation policies, an employer is
likely free to implement the vacation policy of its choosing. NJ Dept. of Labor FAQs. An
employer would be required to comply with the terms of its policy or contract. NJ Dept. of
Labor FAQs.
Severance
New Jersey law does not require employers to provide employees with severance pay. NJ
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
New Jersey law does not require employers to provide employees with severance pay. NJ
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
Holidays
New Jersey law does not require employers to provide employees with either paid or
unpaid holiday leave. NJ Dept. of Labor FAQs. In New Jersey, an employer can require an
employee to work holidays. An employer does not have to pay an employee premium pay,
such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
New Jersey law does not require employers to provide employees with either paid or
unpaid holiday leave. NJ Dept. of Labor FAQs. In New Jersey, an employer can require an
employee to work holidays. An employer does not have to pay an employee premium pay,
such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Minimum Wage
New Jersey's current minimum wage is $7.25. NJ Dept. of Labor FAQs. Some exceptions
apply to New Jersey's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
New Jersey's current minimum wage is $7.25. NJ Dept. of Labor FAQs. Some exceptions
apply to New Jersey's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
New Jersey requires an employer to pay overtime to employees, unless otherwise exempt,
at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess
of 40 hours in a workweek. NJ Dept. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
New Jersey requires an employer to pay overtime to employees, unless otherwise exempt,
at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess
of 40 hours in a workweek. NJ Dept. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
Sick Leave
New Jersey law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. NJ Dept. of Labor FAQs. If an employer chooses to provide sick
leave benefits, it must comply with the terms of its established policy or employment
contract.
An employer in New Jersey may be required to provide an employee unpaid sick leave in
accordance with New Jersey's Family Leave Act and the federal Family and Medical Leave
Act or other federal laws. An employee may also be entitled to benefits under New Jersey's
Family Leave Insurance program, which is funded by employee payroll deductions.
New Jersey law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. NJ Dept. of Labor FAQs. If an employer chooses to provide sick
leave benefits, it must comply with the terms of its established policy or employment
contract.
An employer in New Jersey may be required to provide an employee unpaid sick leave in
accordance with New Jersey's Family Leave Act and the federal Family and Medical Leave
Act or other federal laws. An employee may also be entitled to benefits under New Jersey's
Family Leave Insurance program, which is funded by employee payroll deductions.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge, penalize, threaten, or otherwise coerce an employee with
respect to employment, because the employee is required to attend court for jury service.
New Jersey Stat. 2B:20-17
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge, penalize, threaten, or otherwise coerce an employee with
respect to employment, because the employee is required to attend court for jury service.
New Jersey Stat. 2B:20-17
