Minimum Wage Violation: Steps to Take for Employees in New Jersey
In New Jersey, an employer is required by law to pay employees a minimum hourly wage. Our state’s mandatory minimum wage is significantly higher than the federal minimum wage of $7.25 per hour. As of January of 2026, New Jersey’s minimum wage is $15.92 per hour (Department of Labor Workforce and Development). Were you paid less than minimum wage in violation of state law? You have the right to take action to seek compensation. Here, our New Jersey wage and hour lawyer provides an overview of the steps to take for minimum wage claims.
Step #1: Make Sure You Know the Proper Minimum Wage for Your Position
The first step is to confirm the correct minimum wage rate for the worker and the pay period. As of January 1, 2026, New Jersey’s minimum wage is $15.92 per hour for most workers. With that being said, certain categories, including employees of small employers, seasonal employers, agricultural employers, and tipped workers, are often subject to different wage rules. In other words, a worker in New Jersey should not evaluate a minimum wage claim based only on the general statewide rate. The employee should review the employer type, job classification, pay period, hours worked, and whether any tip credit or special rate is being claimed.
Step #2: Get Organized (Gather Pay Records and Hours Worked)
Evidence is the key to any employment law claim. Minimum wage cases are no exception to the rule. A minimum wage violation is proven through records. Employees should gather pay stubs, schedules, timecards, punch records, offer letters, handbooks, text messages, emails, direct deposit records, tip records, and any written communications about pay. The key calculation is the worker’s actual hourly compensation for all compensable hours worked. Off-the-clock work can be especially important. If an employee was required to set up before clocking in, close after clocking out, attend mandatory meetings, travel between job sites during the workday, or perform unpaid job duties before or after a shift, those hours may need to be included.
Tip: Not sure where to get started with gathering records? An experienced New Jersey minimum wage violation attorney can help.
Step #3: Understand Damages and Retaliation Protection (Remedies)
A successful minimum wage claim may involve more than the unpaid wage difference. New Jersey’s wage theft laws can allow significant remedies, including losses like back wages. Beyond that, in some cases, liquidated damages may also be recoverable. The New Jersey Department of Labor may investigate wage and retaliation claims going back six years and may order liquidated damages of up to 200 percent of wages found due.
Step #4: File a Minimum Wage Violation Claim
New Jersey employees may file a wage claim with the New Jersey Department of Labor and Workforce Development. New Jersey law allows employees to file claims for wages owed under state wage and hour laws, including unpaid minimum wages, unpaid overtime, and wages lost because of retaliation. The claim can reach wages owed for work performed up to six years before the claim is filed.
Call Our New Jersey Minimum Wage Violation Lawyer Today
At Poulos LoPiccolo PC, our New Jersey wage and hour attorney has the knowledge, skills, and experience to handle minimum wage violation cases. If you were not paid a legally mandated minimum wage, please do not hesitate to contact us today for a fully confidential consultation. We handle minimum wage violation cases statewide in New Jersey.
Source:
nj.gov/labor/lwdhome/press/2025/20251001_Minimum_Wage.shtml
