Wage and Hour Violations in New Jersey
If you work in New Jersey and suspect you're not being paid fairly, you're not alone. Thousands of workers across the state lose wages each year due to illegal employer practices, and many don’t even realize it’s happening. Whether you’re in hospitality, retail, construction, home care, or food service, understanding your rights under New Jersey wage and hour law is the first step toward protecting yourself.
At USA Employment Lawyers, we help workers identify wage violations and recover the compensation they’ve earned. If you’ve been shorted on pay, denied overtime, misclassified, or had your tips mishandled, we’re ready to help.
Are You Being Underpaid?
New Jersey has strong worker protections, but that doesn’t stop some employers from bending or breaking the rules. Wage theft is often subtle, and many employees don’t realize it’s happening until months—or even years—have passed.
Here are some common signs of wage violations:
- You are paid less than $15.49 per hour (2025 minimum wage)
- You’re a tipped worker, but your tips and base wage don’t always add up to minimum wage
- You work over 40 hours per week but don’t receive overtime pay
- You spend time doing prep, cleaning, or other non-tipped work but still receive a tipped wage
- Your employer deducts for uniforms, breakage, or credit card processing fees
- You’re paid in cash or without a pay stub
- You’re told you’re an independent contractor, but you have a regular schedule and follow company rules
Even one of these issues could mean your employer is violating state or federal wage laws.
Your Rights Under New Jersey Wage and Hour Law
New Jersey law guarantees employees the right to fair compensation for every hour worked. As of 2025, the state minimum wage is $15.49 per hour for most workers. Tipped employees can be paid a lower base wage of $5.62 per hour, but only if their tips bring them up to the full minimum wage ($15.49). If not, the employer must make up the difference.
Employees are also entitled to:
- Overtime pay at 1.5 times their regular rate for hours worked over 40 per week
- Accurate, itemized pay stubs showing hours worked and deductions taken
- Protection from retaliation for reporting a wage violation or filing a complaint
Tip Credits and Tipped Worker Protections
New Jersey allows employers to use a tip credit - meaning they can pay tipped workers less than minimum wage if tips make up the rest. But this only applies when:
- The employee is notified in writing of the cash wage and tip credit taken
- Tips are never shared with non-tipped workers, such as managers or dishwashers
- The employee spends no more than 20% of their time on non-tipped duties (such as rolling silverware, cleaning, or restocking)
If these conditions aren’t met, employers are not legally allowed to take a tip credit and must pay the full minimum wage.
Example:
Pam works 40 hours and earns $200 in tips ($5/hour). Her employer pays $5.62/hour in cash wages. That totals $10.62/hour - below the $15.49 minimum wage. The employer must pay her an additional $4.87/hour to comply with the law.
Can You Sue for Wage Theft in New Jersey?
Yes. If your employer fails to follow wage and hour laws, you may be entitled to recover:
- Unpaid wages
- Liquidated damages (up to double the unpaid amount)
- Legal fees and costs
You can file a claim through the New Jersey Department of Labor or take legal action in court. State law protects workers from retaliation for standing up for their rights.
Important: You typically have two years to file a claim, so don’t wait to speak with an attorney.
How USA Employment Lawyers Can Help
At USA Employment Lawyers, we’ve helped restaurant servers, barbacks, construction workers, delivery drivers, retail employees, home health aides, and countless others fight back against wage theft.
We will:
- Review your pay records and schedule to identify violations
- Collect supporting evidence such as pay stubs, schedules, and tip records
- File claims with the state or pursue legal action in court
- Represent you at no upfront cost, you only pay if we win
Our team understands the challenges of speaking out against your employer. We handle your case discreetly, respectfully, and with the urgency it deserves.
Talk to a New Jersey Wage and Hour Attorney Today
If you’ve been underpaid, overworked, or taken advantage of by your employer, don’t wait. At USA Employment Lawyers, we’re here to help you understand your rights and take action.
Contact us today for a free, confidential consultation. We’ll evaluate your case, explain your options, and help you get the wages you’ve earned.
Get answers. Get justice. Get paid.
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Great firm. Great attorneys. You guys are the best. I highly recommend USA Employment Lawyers. They will handle your case efficiently and effectively by keeping in constant contact with you and handling your legal matters with your best interest in mind. Thank you for all your help. Keep up the great work. The world needs more attorneys like all of you.
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