Title 34, Title 34: LABOR AND WORKMEN'S COMPENSATION

34:11-56a25 Civil action by employee to recover wages, additional amount. 26. If any employee is paid by an employer less than the minimum fair wage to which the employee is entitled under the provisions of P.L.1966, c.113 (C.34:11-56a et seq.) or by virtue of a minimum fair wage…

34:11-56a25.1 Limitations; commencement of action. 1. No claim for unpaid minimum wages, unpaid overtime compensation, unlawful discharge or other discriminatory acts taken in retaliation against the employee, or other damages under this act shall be valid with respect to any suc…

34:11-56a25.2. Defense to action In any action or proceeding commenced prior to or on or after the date of the enactment of this act based on any act or omission prior to or on or after the date of the enactment of this act, no employer shall be subject to any liability or punish…

34:11-56a26. Protection of right to collective bargaining Nothing in this act shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively through representatives of their own choosing in order to establish wages in excess of th…

34:11-56a27. Partial invalidity If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act and the application thereof, to other persons or circumstances shall not be affected thereby. L.1966, c. 113, s. 28.

34:11-56a28. Supplementation of provisions of Minimum Wage Standards Act This act shall supplement the provisions of article 2 of chapter 11 of Title 34 of the Revised Statutes. Nothing herein shall be deemed to supersede any of the provisions of said article 2 of chapter 11, of …

34:11-56a29. Short title This act shall be known as the "New Jersey State Wage and Hour Law." L.1966, c. 113, s. 30.

34:11-56a3. Employment at unreasonable wage declared contrary to public policy; contract or agreement void The employment of an employee in any occupation in this State at an oppressive and unreasonable wage is hereby declared to be contrary to public policy and any contract, agr…

34:11-56a30. Application of act to minors Except with respect to the minimum wage rates established by P.L.1966, c. 113, s. 5, the provisions of the "New Jersey State Wage and Hour Law," P.L.1966, c. 113 (C. 34:11-56a1 et seq.) are applicable to the employment of minors. Wage ord…

34:11-56a31 Establishment of maximum work week for certain health care facility employees. 1. It is declared to be the public policy of this State to establish a maximum work week for certain hourly wage health care facility employees, beyond which the employees cannot be require…

34:11-56a32 Definitions relative to work hours for certain health care facility employees. 2. As used in this act: "Employee" means an individual employed by a health care facility who is involved in direct patient care activities or clinical services and who receives an hourly w…

34:11-56a33 Excessive work shift contrary to public policy. 3. The requirement that an employee of a health care facility accept work in excess of an agreed to, predetermined and regularly scheduled daily work shift, not to exceed 40 hours per week, except in the case of an unfor…

34:11-56a34 Health care facility employee work shift determined; exceptions voluntary. 4. a. Notwithstanding any provision of law to the contrary, no health care facility shall require an employee to accept work in excess of an agreed to, predetermined and regularly scheduled dai…

34:11-56a35 Violations, sanctions. 5. An employer who violates the provisions of this act shall be subject to the sanctions provided by law for violations of the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.). L.2001,c.300,s.5.

34:11-56a36 Construction, applicability of act. 6. a. The provisions of this act shall not be construed to impair or negate any employer-employee collective bargaining agreement or any other employer-employee contract in effect on the effective date of this act. b. The provisions…

34:11-56a37 Collection of data relative to mandatory overtime prohibition, report. 7. The Departments of Health and Senior Services, Human Services, and Law and Public Safety shall each collect data from all health care facilities which the respective department licenses, operate…

34:11-56a38 Rules, regulations. 8. The Commissioner of Health and Senior Services, in consultation with the Attorney General and the Commissioners of Human Services and Labor, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52…

34:11-56a39. Definitions relative to C.34:11-56a39 et al. 5. As used in sections 5 through 9 of P.L.2019, c.32 (C.34:11-56a39 to 34:11-56a41, 54:10A-5.42, and 54A:4-18): "Commissioner" means the Commissioner of Labor and Workforce Development. "Employee with an impairment" means …

34:11-56a4 Minimum wage rate; exceptions. 5. a. Except as provided in subsections c., d., e. g., and i. of this section, each employer shall pay to each of his employees wages at a rate of not less than $8.85 per hour as of January 1, 2019 and, on January 1 of 2020 and January 1 …

34:11-56a4.1. Summer camps, conferences and retreats; exception The provisions of the act to which this act is a supplement in respect to minimum wages and compensation for overtime work shall not be applicable during the months of June, July, August or September of the year to s…

34:11-56a4.10. Impact reports in 2019-2023 calendar years 4. a. The commissioner shall, not later than September 30, 2024, issue and post on the Department of Labor and Workforce Development website a report which evaluates the impacts on employers and employees of the credits pr…

34:11-56a4.2. Application of act to wages under wage orders The provisions of this act shall be applicable to wages covered by wage orders issued pursuant to section 17 of P.L.1966, c. 113 (C. 34:11-56a16). L.1972, c. 84, s. 2.

34:11-56a4.3. Date of application of act The provisions of this act shall be applicable to wages covered by wage orders issued pursuant to section 17 of P.L.1966, c. 113 (C. 34:11-56a16). L.1974, c. 62, s. 2; L.1974, c. 63, s. 2.

34:11-56a4.4. Date of application of L.1976, c. 88 The provisions of this act shall be applicable to wages covered by wage orders issued pursuant to section 17 of P.L.1966, c. 113 (C. 34:11-56a16). L.1976, c. 88, s. 2.

34:11-56a4.5. Application of L.1979, c. 32 The provisions of this act shall be applicable to wages covered by wage orders issued pursuant to section 17 of P.L.1966, c. 113 (C. 34:11-56a16). L.1979, c. 32, s. 2, eff. March 1, 1979.

34:11-56a4.6. Application of L.1980, c. 182 The provisions of this act shall be applicable to wages covered by wage orders issued pursuant to section 17 of P.L.1966, c. 113 (C. 34:11-56a16). L.1980, c. 182, s. 2, eff. Jan. 1, 1981.

34:11-56a4.7 "New Jersey Minimum Wage Advisory Commission." 2. a. There is created a commission to be known as the "New Jersey Minimum Wage Advisory Commission," which shall be a permanent, independent body in but not of the Department of Labor and Workforce Development. The comm…

34:11-56a4.8 Annual evaluation of adequacy of minimum wage. 3. a. The commission shall annually evaluate the adequacy of the minimum wage relative to the following factors: (1) The overall cost of living in the State; (2) Changes in the components of the cost of living which have…

34:11-56a4.9. "Task Force on Wages and State Benefits" 3. a. There is established, in but not of the Department of Labor and Workforce Development, the "Task Force on Wages and State Benefits." The task force shall consist of 11 members, including the Commissioners of Health, Hum…

34:11-56a40. Tax credit program to employers of employees with impairments 6. a. There is established in the Department of Labor and Workforce Development a program, administered by the commissioner, to provide tax credits to employers of employees with impairments. The purpose o…

34:11-56a41. Regulations 7. a. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the commissioner, in consultation with the State Treasurer, may adopt, upon filing with the Office of Administrative Law, such…

34:11-56a42 Findings, declarations. 1. The Legislature finds and declares that: a. On March 29, 2023, the Major League Baseball Players Association, the recognized labor union for Major League Baseball players, entered into a first-ever nationwide collective bargaining agreement …

34:11-56a43 Minor League Baseball players exempt from certain State wage laws, circumstances. 2. a. The provisions of the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.) and the recordkeeping requirements of the State wage payment law, P.L.1965, c.173 …

34:11-56a5. Administrative regulations; publication; duration For any occupation for which no wage order issued pursuant to section 17 of this act is in effect, the commissioner shall, within 6 months after the rate provided in section 5 is in effect, make such administrative reg…

34:11-56a6. Authority of commissioner and director The commissioner, the director and their authorized representatives shall have the authority to: (a) investigate and ascertain the wages of persons employed in any occupation in the State; (b) enter and inspect the place of busin…

34:11-56a7. Investigation of occupation The commissioner shall have the power, on his own motion, and it shall be his duty upon the petition of 50 or more residents of the State, to cause the director to investigate any occupation to ascertain whether a substantial number of empl…

34:11-56a8. Appointment of wage board; report upon establishment of minimum fair wage rates If the commissioner is of the opinion that a substantial number of employees in any occupation or occupations are receiving less than a fair wage, he shall appoint a wage board as provided…

34:11-56a9. Wage board; membership; quorum; rules and regulations; compensation A wage board shall be composed of not more than 3 representatives of the employers in any occupation, an equal number of representatives of the employees in such occupations and not more than 3 disint…

34:11-57 Definitions. 34:11-57. As used in this article: "Commissioner" means the Commissioner of Labor and Workforce Development or any person or persons in the department designated in writing by him for the purposes of this article. "Community-based organization" means a publi…

34:11-58 Claims; investigation; judgment. 34:11-58. a. An employee may file a claim for wages against an employer under this section or any of the other State wage and hours laws for wages owed related to work performed, including but not limited to wages owed related to unpaid m…

34:11-58.1 Failure of employer to comply. 8. a. If an employer fails to comply with a final determination of the commissioner or a judgment of a court, including a small claims court, made under the provisions of State wage and hour laws or of section 10 of P.L.1999, c.90 (C.2C:4…

34:11-58.2 Joint and several liability for client employer and labor contractor; definitions. 9. a. A client employer and a labor contractor providing workers to the client employer shall be subject to joint and several liability and shall share civil legal responsibility for any…

34:11-58.3 Provision of written copy of statement to employees. 10. Each employer shall provide each current employee and each newly hired employee of the employer, a written copy of the statement produced by the department pursuant to section 11 of P.L.2019, c.212 (C.34:11-58.4)…

34:11-58.4 Actions of department supporting enforcement; statement of employee rights. 11. The department, for the purpose of supporting the enforcement of the provisions of State wage and hour laws and the provisions of section 10 of P.L.1999, c.90 (C.2C:40A-2), may contract wit…

34:11-58.5 Annual report; posting of information. 12. a. The commissioner, in consultation with the Administrative Director of the Courts and the Attorney General, shall compile and prominently place on a website, maintained by the department and available to the public, an annua…

34:11-58.6 Crime of pattern of wage nonpayment. 13. a. A person commits the crime of pattern of wage nonpayment if the person knowingly commits an act that violates the provisions of N.J.S.2C:40A-2, N.J.S.2C:20-2 if the property stolen consists of compensation the employer failed…