New Jersey Wage Payment Lawyer

Many New Jersey residents live paycheck-to-paycheck. This often places employers in a position of great power over their employees. Some employers choose to abuse that power by not paying their workers on-time or for the full amount they are owed.

New Jersey has strict laws governing the payment of employee wages. An employer who violates these rules can be sued by the affected employees. If your employer has illegally withheld your pay, the experienced New Jersey wage payment lawyers at Poulos LoPiccolo can help you fight back.

You Have the Right to Be Paid On-Time and In-Full

The New Jersey Wage Payment Law requires every employer in the state to pay the “full amount of wages” owed to an employee at least twice per calendar month. (Executive, supervisory, and certain other “special” classes of employees may be paid once per calendar month.) The employer must designate regular paydays in advance and make payment either in “lawful money of the United States” or by a check that the employee can cash “without difficulty.” If your employer designates a regular payday that falls on a non-work day, such as a weekend, then you must be paid on the immediately preceding day.

The Wage Payment Law does allow your employer to deposit your pay directly into your bank account. You and your employer may also agree to pay wages more frequently than twice per month, such as weekly. But your employer cannot ask you to accept pay less frequently or agree to any terms that would be less favorable than provided by law.

The New Jersey Wage Payment Law further provides:

When an employee is fired, laid off, or quits, the employer must pay any wages due no later than the next regularly scheduled payday.
An employer cannot “withhold” any part of an employee’s wages except as required by law or for certain specified purposes, such as union dues or contributions to health insurance or retirement plans.
In the event an employee has died, the employer must pay any wages due to the surviving spouse or next of kin as specified by law.
Employers must furnish a wage statement (i.e., pay stub) at each payday detailing the employee’s rate of pay, gross wages, deductions, and net wages.
An employer may not fire, discipline, or otherwise retaliate against any employee who has complained about unpaid wages or taken legal action to assert their rights under the Wage Payment Law.

If your current or former employer has failed to comply with the New Jersey Wage Payment Law, you have the right to sue for damages. This includes any back pay you are owed, as well as possible “liquidated damages” for intentional violations. New Jersey officials may also pursue separate legal action against the employer, which can lead to fines or potentially jail time.