New Jersey Labor Laws (2025 Guide)

What’s New in 2025

• Minimum wage increase
• Pay transparency

Labor Law Posters

Federal Labor Law Posters
State Labor Law Posters

Wage and Hour Laws

Minimum Wage

From January 1, 2025, New Jersey’s minimum wage for most workers is $15.49/hour. This wage is adjusted yearly according to the Consumer Price Index (CPI). 

Different minimum wages apply to specific types of employers or workers:

• Seasonal and small employers (with fewer than 6 employees): $14.53/hour.
• Agricultural employers: $13.40/hour.
• Long-term care facility direct care staff: $18.49/hour.

There are scheduled increases to some of these minimum wages in 2026 and 2027:

• In 2026, the minimum wage increases to $15.00/hour for seasonal and small employers, and it increases to $14.20 for agricultural employees. 
• In 2027, the minimum wage increases to $15.00/hour for agricultural employees.

These rates may change to account for changes to the CPI.

Some workers are exempt from the minimum wage law, including:

• Employees at summer camps, conferences, and retreats run by nonprofit or religious organizations from June to September.
• Part-time childcare employees in domestic homes.
• Under-18s (with some exemptions for specific industries like restaurants, retail, and cleaning—and for those with a special vocational school graduate permit).
• Motor vehicle salespersons.
• Outside salespersons.
• Trainees, who can be paid 90% of the minimum wage for the first 120 hours of their employment.
• Full-time students working at their colleges or universities, who can be paid 85% of the minimum wage.

Tipped Minimum Wage

From January 1, 2025, the tipped minimum wage is $5.62/hour. Employers can pay employees this rate only if their wages and tips add up to at least the minimum wage ($15.49/hour). 

A tipped worker is anyone who usually and regularly receives more than $30 in tips per month. 

Tip pooling is allowed. However, employers must notify employees of the required tip pool contribution, and tips can’t be shared with non-tipped employees. 

Overtime Laws

Most employees who work more than 40 hours per week must be paid 1.5 times their regular rate of pay for any additional hours. 

Some workers are exempt from this overtime requirement, including:

• Executive, administrative, and professional employees (New Jersey essentially adopts the Fair Labor Standards Act, or FLSA, definition, which involves job duties and salary threshold tests).
• Farm laborers or workers tending to livestock.
• Limousine drivers.
• Certain truck drivers.

Employers can generally require employees to work overtime. However, special rules apply to mandatory overtime for health care workers. 

Break Laws

Meal and Rest Breaks

There are no general break laws in New Jersey. 

Minor employees must have a 30-minute meal break after working 6 continuous hours. 

Separate rules apply to domestic workers. They must have:

• A 30-minute meal break after 5 hours of work (paid unless they’re not working and can leave the workplace).
• A 10-minute rest break for every 4 hours worked.
• An unpaid day off after 6 consecutive work days (live-in domestic workers only).

FLSA-covered employers that choose to offer breaks must follow federal law. These require employers to pay employees for short breaks (between 5 and 20 minutes), while longer meal breaks where employees are fully relieved of their work duties don’t have to be paid. 

Recordkeeping Requirements

Under New Jersey’s Wage and Hour Law, employers must keep the following records for 6 years:

• Employee’s name and address.
• Employee’s birth date (if under 18).
• Total hours worked each day and week.
• Employee earnings, including regular hourly wage, gross-to-net pay with itemized deductions, and wage basis.
• For tipped employees, total tips received each payroll week.
• For tipped employees, daily or weekly reports including:
  • Employee’s name, address, and Social Security number.
  • Calendar day or week covered.
  • Total tips received.
• For employees receiving food or lodging as wage credit, records showing:
  • Cost details and nature of expenditures used to determine fair value.

Scheduling Laws

There are currently no predictive scheduling laws in New Jersey. Employers aren’t required to give workers a certain amount of notice or compensate them for last-minute schedule changes. 

Employee Compensation and Benefits

Reporting Time Pay

Employees must be paid for all the time they’re required to be at the workplace or on duty. If an employee reports to work but is sent home early, they must receive at least 1 hour of pay. 

The only exception is if the employer provides the minimum number of hours that were agreed upon with the employee before the shift began.

Payday Frequency and Method

Employees generally must be paid twice each calendar month on regular pay days. The time between the end of a pay period and the pay day can’t be more than 10 working days. 

Paystub Requirements

Employers must give employees an itemized statement of deductions, including gross and net wages, for each pay period. This can be electronic. 

Employers with 10 or more employees must provide workers with a pay statement detailing:

• Gross and net wages.
• Rate of pay.
• Number of hours worked (if used to calculate wages).

These statements can be provided electronically, unless an employee requests a hard copy. 

Wage Deductions and Garnishments

New Jersey law lists what employers can lawfully deduct from employees’ wages. This includes:

• Contributions to employee benefits (health, insurance, retirement, pensions, IRAs), if authorized in writing or by collective bargaining agreement.
• Payments to personal savings accounts (e.g., credit unions, banks, vacation/holiday funds), with employer approval.
• Charitable contributions, if organized, recognized, and employer-approved.
• Payments for health club memberships or child care services, if authorized and approved.

Employers can’t deduct breakages, damages, shortages, or uniforms from employees’ paychecks. 

Both federal and state wage garnishment limits apply in New Jersey.

Under federal law, creditors can take up to the lesser of the following amounts:

• 25% of an employer’s weekly disposable earnings (i.e., their earnings after all legally required deductions, like taxes, have been made). 
• The amount by which the employee’s weekly disposable earnings exceed 30 times the federal minimum wage.

Under state law, the first $48 of an employee’s income is protected. After that, creditors can take only:

• Up to 10% of the employee’s income if they earn no more than 250% of the federal poverty level for their family size.
• For debts owed to the state, up to 25% of their income if they earn more than 250% of the federal poverty level for their family size.

Final Paycheck Laws

Employees must receive their final pay on the next regular payday. Employees paid on an incentive basis must be paid an estimate of their wages until their final wages can be calculated. 

Workers’ Compensation

All private businesses are required to have workers’ compensation insurance, either with an authorized insurer or via self-insurance. 

New Jersey’s workers’ compensation insurance program covers employees in the event of a workplace injury and illness. Depending on their situation, workers may be covered for medical costs, temporary total disability, permanent partial disability, and permanent total disability. 

Death benefits may also be available to workers’ families. 

Workers must notify their employer of their work-related injury or illness as soon as possible. 

Employers then inform their insurer and file a First Report of Injury form with the Division of Workers’ Compensation. Employers must also file a Subsequent Report of Injury within 26 weeks of the employee returning to work or reaching maximum recovery. 

Employers can choose a worker’s treating doctor. 

If a workers’ compensation dispute arises, parties can file a formal or informal claim with the Division. 

They have 2 years from the injury date or the last compensation payment to file a formal Claim Petition. If a matter can’t be resolved, it proceeds to trial. Parties can appeal formal decisions to the Appellate Division of the Superior Court. 

If a party files an Application for an Informal Hearing, the matter proceeds to an informal hearing where a judge tries to resolve it without needing a trial. Informal hearings don’t extend the 2-year timeframe for a party to file a formal claim. 

Unemployment Insurance

Payroll taxes fund unemployment insurance (UI) in New Jersey. Employers with at least 1 employee that pay annual wages of at least $1,000 are generally liable for these payroll taxes. 

Employers are required to report employees’ wages within 30 days of the end of a calendar quarter for their tax liability to be assessed. They can do this online with the Division of Taxation.

New Jersey’s unemployment insurance law also requires employers to keep various documents for at least 4 years to assess whether they are liable for UI contributions. These documents include:

• Employees’ Social Security Numbers.
• Pay period start and end dates.
• Details of employees’ wages, including total wages, meals, board, tips, and bonuses.

Individuals can generally access UI benefits if they:

• Are out of work through no fault of their own.
• Earned at least $303/week for at least 20 weeks in their base year or a total of $15,200 (a base year is the first 4 of the last 5 completed calendar quarters).

Further eligibility criteria apply to certain employees, including teachers. 

Individuals can apply online via the Division of Unemployment Insurance. Employers must provide any information the Division requests about employees who file a claim for UI benefits.

Once UI benefits are approved, individuals must be able and available to work and actively seek work. They can’t turn down suitable job offers. 

Individuals may receive benefits for up to 26 weeks. The maximum weekly benefit rate is currently $875. 

If an individual is denied UI benefits, they can appeal online with the Division or via mail. 

Workplace Rights and Protections

Discrimination and Harassment

The New Jersey Law Against Discrimination protects all workers from discrimination based on:

• Race.
• Creed.
• Color.
• National origin.
• Ancestry.
• Age.
• Marital, civil union, or domestic partnership status.
• Affectional or sexual orientation.
• Pregnancy or breastfeeding.
• Gender identity or expression.
• Sex.
• Disability.
• Atypical hereditary cellular or blood trait.
• Liability for military service.
• Genetic information.

Employers must provide equal pay for equal work, without discriminating based on sex. They also can’t discriminate against employees or candidates for smoking or not smoking. Harassment is also prohibited. 

New Jersey requires employers to provide reasonable accommodations for pregnancy, disability, and religious practices, unless doing so would create undue hardship. 

Individuals who believe they’ve been subject to employment discrimination can file a complaint with the New Jersey Division on Civil Rights (DCR). They have 180 days to do this. 

The DCR investigates and determines whether there’s probable cause that the individual was discriminated against. The Superior Court Appellate Division hears appeals of DCR determinations. 

Individuals can also file a civil lawsuit without first making a complaint to the DCR. 

Leave Laws

✅ Family and Medical Leave	New Jersey Family Leave Act (NJFLA) Under the NJFLA, eligible employees can take 12 weeks of unpaid in each 24-month period to care for someone else.  Employees can use family leave for: • Bonding with and caring for a new child in the first year after their birth, adoption, or foster placement. • Caring for a family member or someone who’s the equivalent of a family member. • During a state emergency, caring for an isolated or quarantined family member or a child whose school closes. Employees must meet specific criteria to access family leave. They must: • Be a full- or part-time employee for an employer with at least 30 employees worldwide (or a state or local government agency). • Have worked for the employer for at least 1 year. • Have worked a minimum of 1,000 hours in the last 12 months. Employers don’t have to pay employees while they’re on family leave. However, employees may be eligible for Family Leave Insurance benefits.  NJFLA leave is job-protected. Employees eligible for the NJFLA and leave under the federal Family and Medical Leave Act (FMLA) can use both types of leave cumulatively. Family and Medical Leave Act (FMLA)  Employees may also qualify for unpaid leave under the FMLA if their employer has at least 50 employees within a 75-mile radius. To meet the eligibility criteria, the employee must’ve been with the company for a minimum of 12 months and logged at least 1,250 work hours in the past year. Under the FMLA, eligible employees can access up to 12 weeks of unpaid leave for the following reasons: • To address their own serious health condition. • To care for a family member with a serious health condition. • The birth of a child or the placement of a child for adoption or foster care. • For certain situations related to the active military duty of a family member. FMLA leave is job-protected.
✅ Paid Sick Leave	Most New Jersey employees are entitled to paid sick leave, accrued at 1 hour for every 30 hours worked (up to a maximum of 40 hours).  Certain employees, including union construction workers and per diem health workers, can’t access this leave.  An employee can use this leave for their own illness, to care for a sick family member, deal with a domestic or sexual violence matter, or attend a school event.  Employers can give employees their full 40 hours of sick leave at the start of the year, rather than requiring them to accrue it.  Employers can request supporting documentation only for leave requests longer than 2 days.  If the leave is planned, employers can require employees to give 7 days’ notice of their intention to take it. Otherwise, employees must provide notice as soon as possible.
❌ Paid Family Leave	While there’s no specific paid family leave law in New Jersey, eligible employees can access NJFLA leave, FMLA leave, and Family Leave Insurance benefits to care for a family member, including a newborn or recently adopted or fostered child.
❌ Pregnancy and Parental Leave	No state laws specifically require employers to provide pregnancy or parental leave. However, pregnant employees and new parents may be able to access other types of leave and benefits for this purpose. Pregnant workers may be eligible for FMLA leave, temporary disability insurance benefits, or paid sick leave to take time off before and immediately after giving birth. They could also access NJFLA leave, FMLA leave, and Family Leave Insurance benefits after the birth. New parents may also be able to use NJFLA leave, FMLA leave, and Family Leave Insurance benefits to take paid time off following the birth, adoption, or foster placement of a child.
❌ Vacation and Personal Leave	No state law requires employers to provide employees with vacation or personal leave. However, many employers choose to do so.  Employers should follow the relevant sections of their leave policy or employment contract if they offer it.  Accrued but unused vacation pay isn’t considered wages under state law.

Other Mandatory Leave

Military Leave	State law allows certain employees to access leave for military service.  Employees must meet specific criteria to be reinstated to their former position on return.
Jury Duty Leave	Employers must provide employees with leave to attend jury duty. This leave doesn’t have to be paid, but it’s job-protected.
Domestic or Sexual Violence Leave	Certain employees are entitled to up to 20 days of unpaid leave in a 12-month period for reasons relating to domestic or sexual violence.  To be eligible, employees must: • Work for an employer with at least 25 employees. • Have worked at least 1,000 hours in the last 12 months. Employees can access this leave if they’re victims of domestic or sexual violence or to support a family member who is.  Employees must provide employers with written notice of this leave as early as possible. Employers can request supporting documentation.  Leave taken under the NJFLA or FMLA for the same reason runs concurrently.
Emergency Response Leave	Volunteer emergency responders can take unpaid leave during a state of emergency. Workers can use accrued paid vacation or sick leave for this purpose.

Child Labor Laws

Under New Jersey’s child labor laws, minors must be at least 14 to work in New Jersey, with some exceptions (see table below). 

All minors require an employment certificate or working papers to work. They need to apply for this online for each job they have / employer they work for. 

Minors must have a 30-minute break for every 6 consecutive hours they work. 

Here are the restrictions New Jersey places on the type of jobs and hours minors can work:

	12 and 13-year-olds	14 and 15-year-olds	16 and 17-year-olds
During school weeks	Can’t work: • More than 6 days in a row • Before 7am or after 7pm • More than 18 hours/week • More than 3 hours/school day • More than 8 hours/weekend day	Can’t work: • More than 6 days in a row • Before 7am or after 7pm (some limited exceptions) • More than 18 hours/week • More than 3 hours/school day • More than 8 hours/weekend day	Can’t work: • More than 6 days in a row • Before 6am or after 11pm (midnight on Friday, Saturdays, and days not followed by a school day) • More than 40 hours/week • More than 8 hours/day
During non-school weeks	Can’t work: • More than 6 days in a row • Before 7am or after 7pm • More than 4 hours/week • More than 8 hours/day	Can’t work: • More than 6 days in a row • Before 7am or after 9pm from the final day of school until Labor Day • More than 40 hours/week • More than 8 hours/day	Can’t work: • More than 6 days in a row • Before 6am or after 11pm (3am for restaurants and seasonal amusements) • More than 50 hours/week* • More than 10 hours/day *16 and 17-year-olds are eligible for overtime only if they work in: • First processing of farm products • Hotels and motels • Restaurants
Allowed jobs	• Newspaper delivery (from 11 years of age) • Farming  • Gardening • Nursery work • Raising livestock, bees, fur-bearing animals, or poultry • Forestry • Theatrical productions (no age limit)
Limits on types of work		Minors under 16 can’t work with: • Power-driven machinery • Conveyors  See the list in the next cell for more limits.	Minors under 18 are prohibited from working in various dangerous occupations, including: • Construction • Agricultural machinery • Junk or scrap metal yard • Brothels or casinos • Highly flammable substances • Radioactive substances
The Department of Labor and Workforce Development has more detailed lists of permitted and illegal jobs for minors.

Workplace Safety and Health

New Jersey doesn’t have an Occupational Health and Safety Administration (OSHA) approved state plan for private employees, so the federal Occupational Health and Safety (OSH) Act applies. 

Under OSHA regulations, private employers must:

• Provide a workplace free from recognized hazards.
• Comply with all applicable OSHA standards relevant to their industry.
• Display the OSHA Job Safety and Health poster in a prominent location.
• Train employees on job-specific safety and health hazards in a language they understand.
• Report any workplace fatalities within 8 hours and inpatient hospitalizations, amputations, or losses of eyes within 24 hours to their nearest OSHA office.

Employees have the right to:

• Work in safe and healthful conditions.
• Receive information and training about hazards and OSHA standards..
• Report workplace hazards without fear of retaliation.
• File a complaint with OSHA to request an inspection.

There are several resources to support employers in providing safe workplaces. The Department of Labor and Workforce Development offers consultations and training, while the Department of Health also offers other workplace health and safety resources. 

Labor Union Regulations

New Jersey isn’t a right-to-work state. Employees can be required to join a union or pay union fees as a condition of their employment. 

Most private sector employees in the state are covered by the National Labor Relations Act (NLRA). The NLRA gives employees the right to:

• Join, form, and assist a union.
• Negotiate with their employers for better working conditions.
• Act with other employees to improve workplace conditions, even without a union.
• Not engage in union-related activities.

Employment Contracts and Severance

Employment Contract Laws

Employment in New Jersey is generally considered at-will. This means employers and employees can end the employment relationship at any time for any legal reason or no reason at all. Examples of illegal reasons for termination include terminating someone for whistleblowing or because of their age.

If an employee has a written employment contract, they’re no longer presumed to be employed at-will, and the contract terms apply instead. 

Non-competes are generally unenforceable in New Jersey unless they are reasonable and:

• Protect the employer’s legitimate business interests.
• Don’t create undue hardship for the employee.
• Don’t harm the public.

Employment contracts for domestic workers can’t contain a non-compete, non-disclosure, or non-disparagement clause. 

Severance Pay

There’s no general requirement for severance pay in New Jersey. If employers offer it, they should follow the relevant terms of their policy or employment contract. 

The New Jersey WARN Act applies to any employer with at least 100 employees. Under this act, employers must give employees 90 days’ notice of mass layoffs (a reduction in workforce affecting at least 50 employees). Employers must also pay all affected employees 1 week’s severance pay for every full year of employment. 

Additional State-Specific Employment Laws

Domestic Workers’ Bill of Rights	Workers in domestic homes have special protections under the state’s Domestic Workers’ Bill of Rights. Domestic employers who pay workers at least $1,000 must register with the Department of Labor and Workforce Development.  Rights under the bill include: • Mandatory rest and meal breaks. • 2 weeks’ notice of termination. • Protection under the New Jersey Law Against Discrimination. • Having a written contract in their language (doesn’t apply to casual workers or those who do less than 5 hours a month).
Elections and voting	New Jersey employers can’t: • Try to influence or interfere with an employee’s vote. • Include political information or a threat in pay envelopes. • Display any information in the workplace within 90 days of an election intended to threaten or influence employees’ votes.
Pay transparency	From June 1, 2025, employers with at least 10 employees must include in job postings a wage or salary range, list of benefits, and other compensation that’s available to employees within their first year of employment.

Legal Resources for Employers and Employees

The New Jersey Department of Labor and Workforce Development should be your first port of call for employment law information. 

The New Jersey Business and Industry Association also has many resources for employers. 

Employees seeking free legal information and advice should try Legal Services of New Jersey and LSNJLAW. 

Disclaimer

The information presented on this website about labor laws in New Jersey is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.