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.

Overtime

New Jersey requires an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ 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.

Meals and Breaks

New Jersey employers must provide employees under the age of eighteen (18) with a thirty (30) minute break after five (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 eighteen (18) years old or older. An employer who chooses to provide a break in excess of twenty (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 twenty (20) minutes or shorter typically must be paid. NJ Dept. of Labor FAQs.

Vacation Leave

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.

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.

Holiday Leave

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 1½ 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.

Jury Duty Leave

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

Voting Leave

New Jersey does not have a law that requires an employer to grant its employees leave, either paid or unpaid, to vote.

Severance Pay

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.