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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.
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.
Payment upon Separation from Employment
An employer must pay employees separated from employment for any reason, e.g.
discharge, termination, quit, resign, layoff, or labor dispute, not later than the regular payday
for the pay period during which the separation from employment occurred.
In the case of employees compensated in part or in full by an incentive system, an
employer must pay a reasonable approximation of all wages due, until the exact amounts
due can be computed.
When any employee is suspended as a result of a labor dispute and such labor dispute
involves those employees who process the payroll, the employer may have an additional
10 days in which to pay wages.
Payment of wages to employees separated from employment may be made either through
the regular pay channels or by mail if requested by the employee.
New Jersey Stat. 34:11-4.3
Wages in Dispute
In the case of a dispute over the amount of wages between an employer and employee, the
employer must timely pay, without condition, all wages, or parts thereof, conceded by him
to be due, leaving to the employee all remedies to which he might otherwise be entitled as
to any balance claimed. The acceptance by an employee of a payment of uncontested
wages does not constitute a release as to the balance of any claim and any release
required by an employer as a condition to payment is null and void. New Jersey Stat.
34:11.4.8
An employer must pay employees separated from employment for any reason, e.g.
discharge, termination, quit, resign, layoff, or labor dispute, not later than the regular payday
for the pay period during which the separation from employment occurred.
In the case of employees compensated in part or in full by an incentive system, an
employer must pay a reasonable approximation of all wages due, until the exact amounts
due can be computed.
When any employee is suspended as a result of a labor dispute and such labor dispute
involves those employees who process the payroll, the employer may have an additional
10 days in which to pay wages.
Payment of wages to employees separated from employment may be made either through
the regular pay channels or by mail if requested by the employee.
New Jersey Stat. 34:11-4.3
Wages in Dispute
In the case of a dispute over the amount of wages between an employer and employee, the
employer must timely pay, without condition, all wages, or parts thereof, conceded by him
to be due, leaving to the employee all remedies to which he might otherwise be entitled as
to any balance claimed. The acceptance by an employee of a payment of uncontested
wages does not constitute a release as to the balance of any claim and any release
required by an employer as a condition to payment is null and void. New Jersey Stat.
34:11.4.8
Deductions from Wages
An employer may not withhold, deduct, or divert any portion of an employee's wages for:
- cash shortages
- breakage, damage, or loss of the employer's property
- purchase of required uniforms or clothing (employers may deduct, with the employee's
consent, for the rental and cleaning of required uniforms or clothing)
- required tools
- other items necessary for employment
An employer may not withhold, deduct, or divert any portion of an employee's wages,
unless:
a. The employer is required or empowered to do so by New Jersey or United States law; or
b. The amounts withheld or diverted are for:
Uniforms, Tools, and Other Equipment Necessary for Employment
An employer must pay for the cost of a uniform if the uniform is not appropriate for street
wear or use at another establishment. If the employer requires an employee to wear a
particular type of clothing which is appropriate for street wear, the employer who requires
an employee to furnish more than one style, type or color of clothing during any one year of
his or her employment must pay to each employee, in addition to his or her regular wages
otherwise due, the amount the employee is required to pay for newly required uniform or
uniforms and the additional payment must be made to the employee in the week in which
the change is required. Maintenance and upkeep of uniforms of kitchen people, cooks, and
dishwashers must be provided and maintained by the employer.
If the employee pays for a uniform in cash and the cash payment brings the employee
below the minimum wage, the employer must make up the difference for the minimum
wage for that week.
NJ Admin. Code 12:56-17.1
An employer cannot deduct the cost of tools and other equipment necessary for
employment from an employee's wages. New Jersey Stat. 34:11-4.4; NJ Dept. of Labor and
Workforce Dev. FAQs
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an employee or applicant to pay the cost of any medical
examination conducted at the request or direction of the employer, by a physician
designated by the employer, as a condition of entering or continuing employment, and in
the event that the employee or prospective employee pays for any such medical
examination, the employer or prospective employer must reimburse the employee or
applicant for the amount of paid for the examination. New Jersey Stat. 34:11-24.1
An employer may not withhold, deduct, or divert any portion of an employee's wages for:
- cash shortages
- breakage, damage, or loss of the employer's property
- purchase of required uniforms or clothing (employers may deduct, with the employee's
consent, for the rental and cleaning of required uniforms or clothing)
- required tools
- other items necessary for employment
An employer may not withhold, deduct, or divert any portion of an employee's wages,
unless:
a. The employer is required or empowered to do so by New Jersey or United States law; or
b. The amounts withheld or diverted are for:
- (1) Contributions authorized either in writing by employees, or under a collective
bargaining agreement, to employee welfare, insurance, hospitalization, medical or
surgical or both, pension, retirement, and profit-sharing plans, and to plans
establishing individual retirement annuities on a group or individual basis, or
individual retirement accounts at any State or federally chartered bank, savings
bank, or savings and loan association for the employee, his spouse or both.
(2) Contributions authorized either in writing by employees, or under a collective
bargaining agreement, for payment into company-operated thrift plans; or security
option or security purchase plans to buy securities of the employing corporation, an
affiliated corporation, or other corporations at market price or less, provided such
securities are listed on a stock exchange or are marketable over the counter.
(3) Payments authorized by employees for payment into employee personal
savings accounts, such as payments to a credit union, savings fund society,
savings and loan or building and loan association; and payments to banks for
Christmas, vacation, or other savings funds; provided all such deductions are
approved by the employer.
(4) Payments for company products purchased in accordance with a periodic
payment schedule contained in the original purchase agreement; payments for
employer loans to employees, in accordance with a periodic payment schedule
contained in the original loan agreement; payments for safety equipment; payments
for the purchase of United States Government bonds; and payments to correct
payroll errors; provided all such deductions are approved by the employer.
(5) Contributions authorized by employees for organized and generally recognized
charities; provided the deductions for such contributions are approved by the
employer.
(6) 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 approved by
the employer.
(7) Labor organization dues and initiation fees, and such other labor organization
charges permitted by law.
(8) Contributions authorized in writing by employees, pursuant to a collective
bargaining agreement, to a political committee, continuing political committee, or
both, established by the employees' labor union for the purpose of making
contributions to aid or promote the nomination, election or defeat of any candidate
for a public office of the State or of a county, municipality or school district or the
passage or defeat of any public question.
(9) Contributions authorized in writing by employees to any political committee or
continuing political committee, other than a committee provided for in paragraph (8),
for the purpose of making contributions to aid or promote the nomination, election
or defeat of any candidate for a public office of the State or of a county, municipality
or school district or the passage or defeat of any public question; in making a
payroll deduction pursuant to this paragraph the administrative expenses incurred
by the employer shall be borne by such committee, at the option of the employer.
(10) Payments authorized by employees for employer-sponsored programs for the
purchase of insurance or annuities on a group or individual basis, if otherwise
permitted by law.
Uniforms, Tools, and Other Equipment Necessary for Employment
An employer must pay for the cost of a uniform if the uniform is not appropriate for street
wear or use at another establishment. If the employer requires an employee to wear a
particular type of clothing which is appropriate for street wear, the employer who requires
an employee to furnish more than one style, type or color of clothing during any one year of
his or her employment must pay to each employee, in addition to his or her regular wages
otherwise due, the amount the employee is required to pay for newly required uniform or
uniforms and the additional payment must be made to the employee in the week in which
the change is required. Maintenance and upkeep of uniforms of kitchen people, cooks, and
dishwashers must be provided and maintained by the employer.
If the employee pays for a uniform in cash and the cash payment brings the employee
below the minimum wage, the employer must make up the difference for the minimum
wage for that week.
NJ Admin. Code 12:56-17.1
An employer cannot deduct the cost of tools and other equipment necessary for
employment from an employee's wages. New Jersey Stat. 34:11-4.4; NJ Dept. of Labor and
Workforce Dev. FAQs
Medical or Physical Exams, including Drug Tests, Required for Employment
An employer may not require an employee or applicant to pay the cost of any medical
examination conducted at the request or direction of the employer, by a physician
designated by the employer, as a condition of entering or continuing employment, and in
the event that the employee or prospective employee pays for any such medical
examination, the employer or prospective employer must reimburse the employee or
applicant for the amount of paid for the examination. New Jersey Stat. 34:11-24.1
Notice of Wage Reduction
An employer must give an employee advance notice of a reduction in his or her wage rate.
The reduction cannot be made retroactively for any time worked. Also, the reduction cannot
bring the rate of pay below minimum wage. NJ Dept. of Labor and Workforce Dev. FAQs
An employer must give an employee advance notice of a reduction in his or her wage rate.
The reduction cannot be made retroactively for any time worked. Also, the reduction cannot
bring the rate of pay below minimum wage. NJ Dept. of Labor and Workforce Dev. FAQs
Statement of Wages (Pay Stub)
New Jersey does not have any laws requiring employers to provide employees at the time
of payment any notice of wages paid, wage rates, deductions, or other wage payment
information.
New Jersey does not have any laws requiring employers to provide employees at the time
of payment any notice of wages paid, wage rates, deductions, or other wage payment
information.
Record Keeping Requirements
An employer must keep for at least six (6) years records which contain:
- the name and address of each employee,
- the birth date if under the age of 18,
- the total hours worked each day and each workweek,
- earnings, including the regular hourly wage,
- gross to net amounts with itemized deductions, and
- the basis on which wages are paid.
NJ Admin. Code 12:56-4.1
An employer must keep for at least six (6) years records which contain:
- the name and address of each employee,
- the birth date if under the age of 18,
- the total hours worked each day and each workweek,
- earnings, including the regular hourly wage,
- gross to net amounts with itemized deductions, and
- the basis on which wages are paid.
NJ Admin. Code 12:56-4.1
Frequency of Wage Payments
An employer must pay wages at least twice per month on regularly scheduled paydays. An
employer must pay wages within 10 days of the end of the pay period in which the wages
were earned. If a regular payday falls on a nonwork day, that is, a day on which the
workplace of an employee is not open for business, payment must be made on the
immediately preceding work day, except where it is otherwise provided for in a collective
bargaining agreement. New Jersey Stat. 34:11-4.2
An employer must pay wages at least twice per month on regularly scheduled paydays. An
employer must pay wages within 10 days of the end of the pay period in which the wages
were earned. If a regular payday falls on a nonwork day, that is, a day on which the
workplace of an employee is not open for business, payment must be made on the
immediately preceding work day, except where it is otherwise provided for in a collective
bargaining agreement. New Jersey Stat. 34:11-4.2
Manner of Payments
An employer may pay an employee by:
- cash
- check redeemable for full face value without deduction or fee
- direct deposit, only with the employee's consent
New Jersey Stat. 34:11-4.2; New Jersey Stat. 34:11-4.2a
Direct Deposit
An employer may pay wages by direct deposit, however, it must have the written consent of
an employee to do so. New Jersey Stat. 34:11-4.2a
An employer may pay an employee by:
- cash
- check redeemable for full face value without deduction or fee
- direct deposit, only with the employee's consent
New Jersey Stat. 34:11-4.2; New Jersey Stat. 34:11-4.2a
Direct Deposit
An employer may pay wages by direct deposit, however, it must have the written consent of
an employee to do so. New Jersey Stat. 34:11-4.2a
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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Notice Requirements
New Jersey does not have any laws requiring employers to provide employees, whether at
hire or at any other time, of notice of wage rates, dates of pay, employment policies, fringe
benefits, or other terms and conditions of employment.
New Jersey does not have any laws requiring employers to provide employees, whether at
hire or at any other time, of notice of wage rates, dates of pay, employment policies, fringe
benefits, or other terms and conditions of employment.
| Wage Payment Laws for Private Sector Employers |
Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- - Direct Deposit
- Payment upon Separation from Employment
- - Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Deductions from Wages
- - Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements
