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laborlaw
05-25-2005, 01:27 PM
Statutory Minimum Rate
Employees are to be paid not less than: $5.15 an hour effective January 21, 1999. Except that full-time students may be employed by the college or university at which they are enrolled at not less than 85% of the effective minimum wage rate.
Overtime
Overtime is payable at the rate of 1 1/2 times the employee’s regular hourly rate for hours worked in excess of 40 in any week except where otherwise specifically provided by wage order.
Exempt from the overtime entitlement are executive, administrative, and professional employees; employees engaged in labor on a farm or relative to raising or care of livestock, and employees of a common carrier of passengers by motorbus.
Wage Order And Regulations
Employees in the occupations found below are covered by this wage order and regulations and must be paid not less than the statutory rate.
First processing farm products Hotel and motel Food service occupations (restaurant) Seasonal amusement
Details of these orders and regulations are available on request.
Exemptions
Exempt from the statutory rate are outside salesmen, salesmen of motor vehicles, part time employees primarily engaged in the care and tending of children in the home of the employer, and minors under 18 (except that minors under 18 in the first processing of farm products, hotels, motels, restaurants, mercantile, laundry, cleaning, dyeing, light manufacturing, apparel, and beauty culture occupations are covered by the wage order rates as above and vocational school graduates with special permits under the Child Labor Law are covered by the statutory rate).
Summer camps, conferences and retreats operated by any nonprofit or religious corporation or association are exempt from minimum and overtime rates during the months of June, July, August and September.
Labor On A Farm At Piece-Rate
Employees engaged on a piece-rate basis to labor on a farm shall be paid for each day worked not less than the minimum hourly wage rate multiplied by the total number of hours worked.
Penalties
Any employer who violates any provisions of this act shall be guilty of a disorderly persons violation and upon conviction shall be punished by a fine of not less than $100 nor more than $1,000.
As an alternative to or in addition to any other sanctions provided by law for violations, the Commissioner is authorized to assess and collect administrative penalties, up to a maximum of $250 for a first violation and up to a maximum of $500 for each subsequent violation.
The employer shall also pay the Commissioner an administrative fee equal to not less than 10% or more than 25% of any payment made to the Commissioner.
Penalties for violation of this order are provided for by N.J.S.A. 34:11-56a22.
Effective Date
Wage Orders promulgated under New Jersey State Wage and Hour Law adopted effective October 16, 2000.
Enforced by:
New Jersey Department of Labor
Division of Wage and Hour Compliance

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