As an employee in the state of New Jersey, you should be aware of what rights you have with regards to your paycheck. New Jersey has various wage and hour laws that outline your rights to payment for the work you have completed. Under these laws, your employer has a number of responsibilities towards you that they must meet.
If your employer commits a violation under New Jersey laws or federal laws, they could become legally liable, and you may need to initiate legal action to recover for your losses.
When Must Paychecks Be Issued Under New Jersey Law?
In the state of New Jersey, employers are required to pay the majority of their regular employees at least semimonthly. However, supervisory, executive, and other special categories of employees can be paid on a monthly basis.
A company can choose to pay you more often than that, but the payment schedule needs to be established in advance. The law is the same both for employees who are paid hourly as well as those who earn a salary.
What Happens to My Paycheck If I Am Fired in New Jersey?
If you are terminated or even if you quit your job, you generally must be given your final paycheck by the next scheduled payday. However, if you were fired as a result of inaccurately generating the payroll, then your employer is allowed to take an extra 10 days to pay you.
There is no New Jersey state law requiring employers to pay you for any unused vacation or sick days. However, if a company has a policy or contract in place with you stating they will pay for your unused paid time off, then they have to follow their own policy. You will need to look carefully at your employer’s policies and practice to find out if you have to meet any requirements to be entitled to pay for unused days.
Can My Paycheck Be Garnished Under New Jersey Law?
A creditor can take money from your wages automatically without a court judgment to pay for certain debts such as child support, defaulted student loans, or unpaid taxes. For all other types of debt payments, such as unpaid medical bills and owed credit card payments, a creditor is required to go to court first and get a judgment against you. If you lose in court, then your income can be garnished to cover the outstanding debt. This is known as wage garnishment, and allows an employer to set aside some of your wages in order to meet the debt payments.
Your employer is prohibited by law from deducting money from your wages to pay for any property you damaged while working or anything that you failed to return after leaving the company. If they want to have you pay for any such losses, then they will have to take you to court.
Can I Recover a Withheld Paycheck in New Jersey?
If your employer will not pay you the wages that you are owed, you can exercise your right and demand your paycheck. You get the wages that are owed to you by either suing your employer or filing a complaint with the Division of Wage and Hour Compliance of the New Jersey Department of Labor and Workforce Development.
This is also true for cases involving incomplete or partial paycheck amounts. A wage and hour lawsuit will typically allow an employee to recover for any missing amounts in their paycheck, especially if this is a recurring pattern and has happened in the past before.
Wage and hour lawsuits often revolve around specific issues, such as a wage rate that is too low or below minimum wage standards, errors in calculating hours, overtime pay issues, and other aspects of payment.
What Else Do I Need to Know About New Jersey’s Paycheck Law?
If your job requires drug testing or other types of medical tests, then the company has to pay for that expense. For uniforms, employees only have to pay for them if the uniform can be worn outside of work for other reasons. If the uniform is only suitable for that specific job or workplace, the expense must be covered by the employer.
Lastly, New Jersey employers are not allowed to discriminate against employees or future employees with regards to their paychecks. For instance, they cannot withhold a paycheck or lower an employee’s wages solely based on their age, sex, race, gender, national background, political affiliation, or other characteristics. This includes any medical disabilities they may have, as well as their pregnancy status.
If discrimination has occurred, it may be necessary to file a claim through the Equal Employment Opportunity Commission (EEOC). The EEOC will conduct an investigation into the workplace to determine whether a violation has happened, as well as the appropriate remedy. Employers cannot fire or otherwise retaliate against an employee simply because they filed with the EEOC.
Where Can I Find the Right Lawyer If I Have Issues with My Paycheck in New Jersey?
If you are struggling with paycheck problems or legal issues, you need to find a New Jersey employment lawyer. They can help to resolve any issues you are having with your employer. Your attorney will also be able to provide legal advice and research to help guide you during the legal process with the courts.
