What’s New in 2026
- Minimum wage increases
- Workers’ Compensation benefits increase
- Unemployment benefits increase and eligibility changes
Labor Law Posters
Federal labor law posters
State labor law posters
Wage and Hour Laws
Minimum wage
From January 1, 2026, New Jersey’s minimum wage for most workers is $15.92 per hour.
Some types of businesses and employees in New Jersey have their own minimum wage rates:
- Seasonal and small employers (with fewer than 6 employees): $15.23 per hour
- Agricultural employers: $14.20 per hour
- Long-term care facility direct care staff: $18.92 per hour
- Full-time students working at their colleges or universities: $13.53 per hour (85% of the minimum wage)
- Trainees for the first 120 hours of their employment: $14.32 per hour (90% of the minimum wage)
New Jersey adjusts its minimum wage rates annually based on inflation.
Some employees are exempt from the state minimum wage, including:
- Under-18s working in specific exempt industries (most are covered).
- Employees at summer camps, conferences, and retreats run by nonprofit or religious organizations from June to September.
- Part-time childcare employees in domestic homes.
- Motor vehicle salespersons.
- Outside salespersons.
Tipped minimum wage
From January 1, 2026, the tipped minimum wage is $6.05 per hour. Employers can pay employees this rate only if their wages and tips add up to at least the minimum wage ($15.92 per hour). If a tipped employee’s hourly tipped rate plus gratuities is less than the minimum wage, the employer must make up the difference.
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
Employers can generally require employees to work overtime. However, special rules apply to mandatory overtime for healthcare workers.Most employees must be paid overtime at 1.5 times their regular rate for any hours worked over 40 in a 7-day workweek.
State law adopts the Fair Labor Standards Act (FLSA) exemptions for overtime, which exempts certain employees who meet federal duties and salary tests:
- Executive and administrative employees
- Learned professionals
- Outside sales employees
- Computer employees
- Highly compensated employees
- Certain drivers and mechanics
- Construction workers and other blue-collar employees
- Qualifying agricultural employees
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Break Laws
Meal and rest breaks
There are no general break requirements for adult employees in New Jersey under state law.
Employees under 18 years old must have a meal break lasting at least 30 minutes after 5 continuous hours of work.
Separate rules apply to domestic workers. They must have:
A 30-minute meal break after 5 hours of work (paid unless they’re fully relieved of all duties and can leave the workplace).
A 10-minute rest break for every 4 hours worked (with limited exceptions).
An unpaid day off after 6 consecutive work days (live-in domestic workers only).
FLSA-covered employers who 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, all employers must keep records for 6 years of each employee’s:
- Name and address.
- Birth date (if under 18).
- Total hours worked each day and week, or their fixed working schedule (if relevant).
- Earnings (including regular hourly wage, gross-to-net pay).
- Itemized deductions from earnings.
- Method of payment.
Employers of tipped employees must also keep the following records for 6 years:
- Total tips received each payroll week.
- Daily or weekly gratuity reports detailing:
- Employee’s name, address, and Social Security number.
- Calendar day or week covered.
- Total tips received.
If employees receive food or lodging as wage credit, employers must keep records showing the cost and nature of expenditures used to determine their value.
Employers must also keep the following records for 1 year for employees under 19:
- Birth date
- Start and finish times
- Meal periods
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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.
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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
In general, employees must be paid twice each calendar month on regular pay days, with the time between the end of a pay period and the pay day no more than 10 working days apart. However, employers can pay some employees, such as executive and supervisory employees, on an established monthly schedule.
If the regular payday falls on a non-workday, employers must pay employees on the workday immediately preceding that non-workday.
With employees’ consent, employers may deposit wages into employees’ bank or other accounts.Employers must notify employees in advance of any changes to their wages or paydays.
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 also 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 (after garnishment).
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.
On January 1, 2026, workers’ compensation benefits rose to $1,199 for temporary disability, permanent total disability, permanent partial disability, and dependency. 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 $310 per week for at least 20 weeks in their base year or a total of $15,500 (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.
From January 1, 2026, the maximum weekly benefit rate is $905.
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.
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Leave Laws
✅ Paid Family and Medical Leave | Employers with employees in New Jersey must participate in the state’s Paid Family and Medical Leave (PFML) program. An exception applies to employers with an approved private insurance plan. Under the PFML program, eligible employees can receive Temporary Disability and Family Leave benefits for reasons including:
To be eligible, employees must have worked at least 20 weeks earning at least $310/week, or earned $15,500 in their base year. Employers must:
In 2026, contributions range from $44.80 to $336 per employee on wages up to $44,800. Employers may require employees to use company paid time off (PTO) before claiming Temporary Disability benefits if their PTO policy is separate from Earned Sick Time (see below). |
| ✅ Paid Sick Leave | Most employees are entitled to paid sick leave, accrued at 1 hour for every 30 hours worked (up to a maximum of 40 hours) under New Jersey’s Earned Sick Leave law. 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. |
✅ Family Leave | The New Jersey Family Leave Act (NJFLA) provides up to 12 weeks of unpaid, job-protected leave in each 24-month period for eligible employees to:
Employees must meet the following criteria to access family leave:
Employers don’t have to pay employees while they’re on family leave. However, employees may be eligible for Family Leave Insurance benefits. Employees may also qualify for unpaid leave under the FMLA if their employer has at least 50 employees within a 75-mile radius. When employees are eligible for leave under both the NJFLA and the FMLA, the leave generally runs concurrently. In some circumstances, employees may be entitled to consecutive leave under both laws. |
| ❌ Pregnancy and Parental Leave | While New Jersey has no standalone pregnancy and parental leave law, pregnant employees 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 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 military reemployment laws offer similar job protections as USERRA, but also require employers to rehire covered employees to their former positions after active duty ordered by the state Governor. Employees must meet specific criteria to be reinstated to their former position upon 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 under state law domestic or sexual violence provisions. To be eligible, employees must:
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. |
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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 5 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:
| Can’t work:
| Can’t work:
|
| During non-school weeks | Can’t work:
| Can’t work:
| Can’t work:
*16- and 17-year-olds are eligible for overtime only if they work in:
|
| Limits on types of work | Minors under 14 may perform the following:
| Minors under 16 can’t work with:
See the list in the next cell for more limits. | Minors under 18 are prohibited from working in/with various dangerous occupations/materials, including:
|
| 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 Safety and Health Administration (OSHA)-approved state plan for private employees, so the federal Occupational Safety and Health (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.
Noncompetes 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 noncompete, nondisclosure, 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:
|
| Elections and voting | New Jersey employers can’t:
|
| Pay transparency | From June 1, 2025, employers with at least 10 employees must include in job postings a wage or salary range, a 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.