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

34:11-56a1 Definitions relative to minimum wages. 2. As used in this act: (a) "Commissioner" means the Commissioner of Labor and Workforce Development. (b) "Director" means the director in charge of the bureau referred to in section 3 of this act. (c) "Wage board" means a board c…

34:11-56a10. Powers of wage board A wage board shall have power to administer oaths and to require by subpoena the attendance and testimony of witnesses, the production of all books, records, and other evidence relative to matters under investigation. Such subpoena shall be signe…

34:11-56a11. Presentation of evidence and information to wage board; witnesses The commissioner or the director shall present to a wage board promptly upon its organization all the evidence and information in the possession of the commissioner or director relating to the wages of…

34:11-56a12. Rules of evidence and procedure The commissioner and the wage board in establishing a minimum fair wage, shall not be bound by technical rules of evidence or procedure, but may consider all relevant circumstances affecting the value of the service or class of service…

34:11-56a13. Recommendations of wage board The report of the wage board shall recommend minimum fair wage rates, on an hourly, daily or weekly basis for the employees in the occupation or occupations for which the wage board was appointed. The wage board may recommend establishme…

34:11-56a14. Submission of report of wage board Within 60 days of its organization a wage board shall submit to the commissioner a report including its recommendations as to minimum fair wage standards for the employees in the occupation or occupations the wage standards of which…

34:11-56a15. Acceptance or rejection of report by commissioner On submission of the report of a wage board the commissioner shall within 10 days confer with the director and accept or reject the report. If he rejects the report, he shall resubmit the matter to the same wage board…

34:11-56a16. Approval or disapproval of report following public hearing; effective date of wage order Within 10 days after the hearing the commissioner shall confer with the director and approve or disapprove the report of the wage board. If the report is disapproved the commissi…

34:11-56a17. Special certificates or licenses for employment at wages less than minimum (a) The commissioner, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulation provide for the employment of learners, apprentices and stude…

34:11-56a18. Modification of wage order At any time after a minimum fair wage order has been in effect for 1 year or more, the commissioner may, on his own motion, after conferring with the director, and shall, on petition of 50 or more residents of the State, reconsider the mini…

34:11-56a19. Additions or modifications to administrative regulations; hearing; notice The commissioner may, from time to time after conference with the director and without reference to a wage board, propose such modifications of or additions to any administrative regulations is…

34:11-56a2. Bureau for administration of act; director and assistants The commissioner shall maintain a bureau in the department to which the administration of this act, and of any minimum wage orders or regulations promulgated hereunder, shall be assigned, said bureau to consist…

34:11-56a20. Records of wages and hours 21. Every employer of employees subject to this act shall keep a true and accurate record of the hours worked by each and the wages paid by him to each and shall furnish to the commissioner or the director or their authorized representative…

34:11-56a21. Summary of act, orders, and regulations; posting Every employer subject to any provision of this act or of any regulations or orders issued under this act shall keep a summary of this act, approved by the commissioner, and copies of any applicable wage orders and reg…

34:11-56a22. Violations; penalties 23. Any employer who willfully hinders or delays the commissioner, the director or their authorized representatives in the performance of his duties in the enforcement of this act, or fails to make, keep, and preserve any records as required und…

34:11-56a23. Payment of amounts due employees 24. As an alternative to any other sanctions or in addition thereto, herein or otherwise provided by law for violation of this act or of any rule or regulation duly issued hereunder, the Commissioner of Labor is authorized to supervis…

34:11-56a24 Penalties for violations. 25. a. Any employer who takes a retaliatory action against any employee by discharging or in any other manner discriminating against the employee because the employee has made any complaint to his employer, to the commissioner, the director o…

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…