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Workers & Their Families

Partners and Counsel of Costello, Mains & Silverman, LLC

Is every worker in New Jersey entitled to minimum wage?

On Behalf of | Nov 29, 2019 | Employee Rights |

The minimum wage in New Jersey has been $10 per hour since July 1, 2019. If you’re not making that, then you may be under the impression that your employer is violating some types of wage and hours laws. That’s not necessarily the case though.

While the large majority of New Jersey workers are entitled to receive at least $10 per hour worked, not everyone is.

An individual must be classified as an employee in the state to qualify to receive such payments. Anyone who works as an outside or automobile salesperson may not qualify to receive such minimum wage compensation either.

Anyone less than 18 years old may be ineligible to receive $10 per hour. Minors who are employed in certain cleaning, laundry, food service, hotel and retail roles may have to be paid at least $10 per hour worked. Minors who hold certain beauty, manufacturing, farm product processing and apparel-related roles may have to be paid $10 an hour as well.

New Jersey employers can reduce your rate of pay provided that it doesn’t drop below minimum wage and that they warn you of such a decrease in advance. Your company can’t go back and retroactively institute a pay cut though.

You should know that you’re entitled to receive minimum wage in New Jersey even if you’re a tipped worker. Once combined, your hourly rate and your tips must meet or exceed $10.

State law requires any individuals that are employed in tipped professions to be paid at least $2.63 per hour. Employers are required to make up the difference if their workers’ pay does not meet the $10 threshold.

If you are being paid less than $10 per hour or you’re concerned about whether your employer is abiding by New Jersey employment laws, then you should consult with an employee rights attorney. Your Burlington lawyer can review your case and advise you whether you may be owed back pay according to New Jersey employment laws.