New Jersey Employment Law 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 14, 2026
Last Reviewed: January 14, 2026
Applicable Period: 2026
Jurisdiction: State of New Jersey, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
Introduction
New Jersey employment law establishes a comprehensive framework governing the relationship between employers and employees throughout the Garden State. This guide provides factual information about employment rights, obligations, and protections for both workers and employers operating in New Jersey in 2026.
New Jersey maintains robust employment protections through state statutes including the New Jersey State Wage and Hour Law, the New Jersey Law Against Discrimination (NJLAD), the Conscientious Employee Protection Act (CEPA), and numerous other employment-related laws. These state protections often exceed federal minimum standards, providing New Jersey workers with enhanced rights in areas including minimum wage, paid sick leave, discrimination protections, and workplace safety.
What This Guide Covers:
This comprehensive guide addresses the essential aspects of New Jersey employment law including at-will employment doctrine, wage and hour requirements, discrimination and harassment protections, reasonable accommodations, employer compliance obligations, complaint filing procedures, and 2026 legislative updates. The guide serves both employees seeking to understand their workplace rights and employers working to maintain legal compliance.
Dual Audience:
This reference is designed for both employees and employers. Workers will find information about their rights, protections, and remedies. Employers will find guidance on legal requirements, compliance obligations, and best practices for avoiding violations.
Sources:
All information in this guide is sourced from official New Jersey government agencies, statutes, regulations, and federal law. Primary sources include the New Jersey Department of Labor and Workforce Development, New Jersey Division on Civil Rights, New Jersey Legislature, U.S. Department of Labor, and U.S. Equal Employment Opportunity Commission.
Employment Law Framework in New Jersey
1.1 At-Will Employment Doctrine
New Jersey follows the at-will employment doctrine, which governs most employment relationships in the state. Understanding this fundamental principle is essential for both employees and employers.
What At-Will Employment Means
Under New Jersey law, employment relationships are presumed to be at-will unless modified by contract, statute, or common law exception.
According to New Jersey case law established in Woolley v. Hoffmann-La Roche, Inc., 491 A.2d 1257, 1258 (N.J. 1985):
“Absent a contractual provision to the contrary, either party may terminate an employment relationship at any time, with or without cause.”
Source: Woolley v. Hoffmann-La Roche, Inc., 491 A.2d 1257 (N.J. 1985) Available at: New Jersey Supreme Court decisions accessible through New Jersey courts
For Employees:
At-will employment means an employer can generally terminate employment at any time, for any reason not prohibited by law, or for no reason at all, without advance notice. Similarly, employees are free to resign at any time without providing a specific reason.
For Employers:
While at-will employment provides flexibility in workforce management, employers must recognize that numerous exceptions limit their discretion to terminate employees. Violations of these exceptions can result in significant legal liability.
Exceptions to At-Will Employment
New Jersey recognizes four major categories of exceptions to the at-will employment doctrine:
1. Public Policy Exception
New Jersey courts have long recognized that employers cannot terminate employees for reasons that violate clear mandates of public policy.
The Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 et seq., codifies significant public policy protections.
According to N.J.S.A. 34:19-3:
“An employer shall not take any retaliatory action against an employee because the employee does any of the following: a. Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or another employer, with whom there is a business relationship, that the employee reasonably believes: (1) is in violation of a law, or a rule or regulation promulgated pursuant to law, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity, or, in the case of an employee who is a licensed or certified health care professional, reasonably believes constitutes improper quality of patient care; or (2) is fraudulent or criminal, including any activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any shareholder, investor, client, patient, customer, employee, former employee, retiree or pensioner of the employer or any governmental entity;”
Source: Conscientious Employee Protection Act (CEPA) Citation: N.J.S.A. 34:19-1 et seq. Official text: https://www.nj.gov/labor/wageandhour/assets/PDFs/Employer%20Poster%20Packet/CEPA270.1.pdf Last amended: Multiple amendments through 2020
2. Implied Contract Exception
Employment handbooks, policies, or oral representations may create an implied contract modifying at-will status.
According to Woolley v. Hoffmann-La Roche, Inc., 491 A.2d 1257 (N.J. 1985), the New Jersey Supreme Court established that employee handbooks can form the basis of an employment contract if they contain sufficiently definite promises.
3. Covenant of Good Faith and Fair Dealing
New Jersey recognizes an implied covenant of good faith and fair dealing in employment relationships, though this exception is applied narrowly.
4. Statutory Protections
Numerous federal and state statutes prohibit termination based on protected characteristics or activities, including:
- New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.)
- Family and Medical Leave Act (FMLA)
- New Jersey Family Leave Act (N.J.S.A. 34:11B-1 et seq.)
- New Jersey Security and Financial Empowerment Act (SAFE Act)
- Federal anti-discrimination laws (Title VII, ADA, ADEA)
- Occupational Safety and Health Act (OSHA) whistleblower protections
1.2 Labor Law vs Employment Law: Understanding the Distinction
Understanding the relationship between labor law and employment law is essential for navigating New Jersey’s workplace legal framework.
Employment Law: The Broader Framework
Employment law serves as the primary and comprehensive framework governing workplace relationships in New Jersey. Employment law encompasses the full range of rights, obligations, and protections applicable to the employer-employee relationship.
Employment law includes:
- Wage and hour regulations
- Discrimination and harassment protections
- Workplace safety requirements
- Leave and benefits mandates
- Hiring and termination standards
- Reasonable accommodations
- Privacy protections
- Whistleblower protections
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/
Labor Law: A Subset Focused on Collective Action
Labor law represents a specific subset of employment law focused on collective bargaining, union activities, and the rights of organized workers.
Labor law specifically addresses:
- Union organizing and representation
- Collective bargaining processes
- Strikes and picketing
- Union elections
- Unfair labor practices
- Labor-management relations
Federal Framework:
The primary federal labor law statute is the National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., which governs private sector labor relations.
Source: National Labor Relations Act Citation: 29 U.S.C. § 151 et seq. Official text: https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act Enforcement: National Labor Relations Board (NLRB)
New Jersey Public Sector:
New Jersey public employees are governed by separate public sector labor relations statutes:
- New Jersey Employer-Employee Relations Act (N.J.S.A. 34:13A-1 et seq.) for state employees
- New Jersey Public Employment Relations Act for local government employees
When Each Framework Applies
Employment Law Applies:
- To all employer-employee relationships in New Jersey
- Whether or not workers are unionized
- To individual employment disputes
- To statutory workplace protections
Labor Law Applies:
- Specifically to unionized workplaces
- To collective bargaining activities
- To union-management relations
- To organizing and representation matters
Important: All workers in New Jersey are protected by employment law. Only workers engaged in collective bargaining or union activities invoke labor law protections.
Right-to-Work Status
New Jersey is not a right-to-work state.
In states without right-to-work laws, union security agreements are permitted, which may require employees in unionized workplaces to pay union dues or fees as a condition of employment.
According to the National Labor Relations Act, 29 U.S.C. § 158(a)(3), union security clauses are permissible in states that have not enacted right-to-work legislation.
Source: National Labor Relations Act Citation: 29 U.S.C. § 158(a)(3) Available at: https://www.nlrb.gov/
Employee Rights in New Jersey
2.1 Wage and Hour Rights
New Jersey’s wage and hour laws establish minimum standards for worker compensation, working hours, and payment practices. These protections are enforced by the New Jersey Division of Wage and Hour Compliance.
Minimum Wage Requirements (2026)
Current New Jersey Minimum Wage (2026): $15.92 per hour for most workers
Effective Date: January 1, 2026
Increase: $0.43 increase from $15.49 in 2025
Statutory Authority:
According to the New Jersey Department of Labor and Workforce Development announcement published October 1, 2025:
“New Jersey’s statewide minimum wage will increase by $0.43 to $15.92 per hour for most employees, effective January 1, 2026.”
Source: New Jersey Department of Labor and Workforce Development Press Release: “New Jersey’s Minimum Wage to Increase to $15.92/Hour for Most Employees on Jan. 1” Published: October 1, 2025 Available at: https://www.nj.gov/labor/lwdhome/press/2025/20251001_Minimum_Wage.shtml
Constitutional Basis:
According to Article I, Paragraph 23 of the New Jersey Constitution and N.J.A.C. 12:56-3.1(c), the New Jersey Department of Labor and Workforce Development sets the minimum wage annually based on increases in Consumer Price Index (CPI) data provided by the U.S. Bureau of Labor Statistics.
Source: N.J.A.C. 12:56-3.1(c) Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/
Special Minimum Wage Rates
Small Employers and Seasonal Employers:
2026 Rate: $15.23 per hour (up from $14.53 in 2025)
Definition of Small Employer:
According to N.J.S.A. 34:11-56a4(p):
“‘Small employer’ means any employer who employed less than six employees for every working day during each of a majority of the calendar workweeks in the current calendar year and less than six employees for every working day during not less than 48 calendar workweeks in the preceding calendar year.”
Source: N.J.S.A. 34:11-56a4 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml
Agricultural Employees:
2026 Rate: $14.20 per hour (up from $13.40 in 2025)
According to N.J.S.A. 34:11-56a4(d), agricultural workers follow a separate minimum wage schedule, with rates continuing to increase incrementally until reaching parity in 2030.
Source: New Jersey State Wage and Hour Law Citation: N.J.S.A. 34:11-56a4(d)
Long-Term Care Facility Direct Care Staff:
2026 Rate: $18.92 per hour (up from $18.49 in 2025)
Source: N.J.S.A. 34:11-56a4(q) Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml
Tipped Employees
Minimum Cash Wage for Tipped Workers (2026): $6.05 per hour (up from $5.62 in 2025)
Maximum Tip Credit: $9.87 per hour (unchanged)
Total Minimum: $15.92 per hour (cash wage plus tips)
According to the New Jersey Department of Labor and Workforce Development:
“If the hourly rate plus tips does not equal at least the minimum wage per hour, the employer is required to make up the difference.”
Source: New Jersey Department of Labor and Workforce Development FAQ: “Wage and Hour Compliance FAQs (for Workers)” Available at: https://www.nj.gov/labor/wageandhour/support/faqs/wageandhourworkerfaqs.shtml
Overtime Requirements
Federal and State Overtime Standard:
New Jersey follows the federal Fair Labor Standards Act (FLSA) standard for overtime compensation.
According to the New Jersey State Wage and Hour Law, N.J.S.A. 34:11-56a4:
“The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours [in a workweek], with certain exemptions.”
Source: New Jersey State Wage and Hour Law Citation: N.J.S.A. 34:11-56a4 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml
Overtime Rate: 1.5 times the regular rate of pay
Overtime Threshold: After 40 hours of actual work in a seven-day workweek
Federal Law:
The Fair Labor Standards Act, 29 U.S.C. § 207(a)(1), establishes the federal overtime requirement:
“No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
Source: Fair Labor Standards Act Citation: 29 U.S.C. § 207(a)(1) Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim DOL Guidance: https://www.dol.gov/agencies/whd/overtime
Overtime Exemptions
Certain employees are exempt from overtime requirements based on their job duties and salary level.
Exempt Categories:
New Jersey essentially adopts the Fair Labor Standards Act definitions for overtime exemptions, which include:
- Executive employees
- Administrative employees
- Professional employees
- Computer employees
- Outside sales employees
Salary Threshold (Federal FLSA):
According to 29 C.F.R. § 541.600, most exempt employees must be paid on a salary basis of at least $684 per week ($35,568 annually) as of 2020.
Source: Fair Labor Standards Act Regulations Citation: 29 C.F.R. § 541.600 DOL Fact Sheet: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
Important: Both salary level AND job duties tests must be met for exemption. Meeting only the salary threshold does not automatically exempt an employee from overtime.
Meal and Rest Break Requirements
For Adults (18 and older):
New Jersey does not have state-specific meal or rest break requirements for adult employees.
Legislative Search Conducted:
- New Jersey Legislature website: https://www.njleg.state.nj.us/
- Search terms: “meal break”, “rest break”, “employee breaks”
- Date: January 14, 2026
- Result: No meal or rest break mandate for adult employees
Federal Law:
The Fair Labor Standards Act (FLSA) does not require meal or rest breaks for adult employees.
According to the U.S. Department of Labor, Wage and Hour Division:
“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”
Source: U.S. Department of Labor, Wage and Hour Division Topic: Breaks and Meal Periods Available at: https://www.dol.gov/general/topic/workhours/breaks
Employer Policies:
While not legally required, many New Jersey employers provide meal and rest breaks as a matter of policy or practice. If an employer chooses to provide breaks:
- Breaks lasting 20 minutes or less must generally be paid
- Meal breaks lasting 30 minutes or more may be unpaid if the employee is completely relieved of duties
For Minors (Under 18):
New Jersey law requires meal breaks for employees under age 18.
According to N.J.S.A. 34:2-21.17d(g)(4):
“New Jersey labor laws require employers to provide employees under the age of eighteen (18) with a thirty (30) minute break after five (5) consecutive hours of work.”
Source: New Jersey Child Labor Law Citation: N.J.S.A. 34:2-21.17d(g)(4) Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/
Nursing Mothers’ Break Rights
New Jersey requires employers to provide reasonable breaks for nursing mothers.
According to New Jersey labor laws:
“New Jersey labor laws require employers to allow employees who are nursing mothers to take reasonable breaks each day to express breast milk unless allowing the employees to take nursing mother breaks would cause an undue hardship.”
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/wageandhour/
Federal Protection:
The Fair Labor Standards Act, as amended by the Affordable Care Act, requires employers to provide:
- Reasonable break time for nursing mothers
- A private location (other than a bathroom) to express milk
- For one year after the child’s birth
Source: Fair Labor Standards Act, 29 U.S.C. § 207(r) DOL Fact Sheet: https://www.dol.gov/agencies/whd/nursing-mothers
Final Paycheck Requirements
New Jersey law regulates the timing of final paychecks upon termination or resignation.
According to the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.3:
“Employees generally must be paid twice each calendar month on regular pay days. The time between the end of a pay period and the pay day can’t be more than 10 working days.”
For Final Paychecks:
New Jersey requires that upon termination or resignation, employees must receive all wages due by the next regularly scheduled payday.
Source: New Jersey Wage Payment Law Citation: N.J.S.A. 34:11-4.1 et seq. Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/selectedstatelaborlaws.shtml
Wage Payment Frequency
According to N.J.S.A. 34:11-4.2:
“Every employer shall pay the full amount of wages due to his employees at least twice during each calendar month, on regular pay days designated in advance by the employer.”
Payment Methods:
New Jersey law permits wage payment through:
- Direct deposit (with employee consent)
- Check
- Cash
- Payroll card (with employee consent)
Source: N.J.S.A. 34:11-4.2a Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/selectedstatelaborlaws.shtml
Wage Deductions
New Jersey law strictly limits permissible wage deductions.
According to the New Jersey Wage Payment Law, employers may only make deductions:
- Required by law (taxes, court orders, etc.)
- Authorized in writing by the employee for their benefit
- For payments to third parties pursuant to employee written authorization
Prohibited Deductions:
Employers cannot deduct from wages for:
- Cash register shortages (unless the employee had sole access)
- Breakage or damage to equipment
- Lost or stolen property (except in limited circumstances)
- Uniforms or tools required for employment
Source: New Jersey Wage Payment Law Citation: N.J.S.A. 34:11-4.4 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/selectedstatelaborlaws.shtml
Reporting Time Pay
New Jersey requires minimum payment for employees who report to work.
According to New Jersey Department of Labor guidance:
“If an employee reports to work but is sent home early, they must receive at least 1 hour of pay. The only exception is if the employer provides the minimum number of hours that were agreed upon with the employee before the shift began.”
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/wageandhour/
2.2 Earned Sick Leave
New Jersey requires employers to provide paid sick leave to most employees.
Earned Sick Leave Law
Effective Date: October 29, 2018
According to the New Jersey Earned Sick Leave Law, N.J.S.A. 34:11D-1 et seq.:
“The New Jersey Earned Sick Leave Law allows employees to accrue 1 hour of earned sick leave for every 30 hours worked, up to 40 hours each year.”
Source: New Jersey Earned Sick Leave Law Citation: N.J.S.A. 34:11D-1 et seq. Official text: https://www.nj.gov/labor/wageandhour/tools-resources/laws/ Last effective: October 29, 2018
Coverage
Covered Employers:
All New Jersey employers are required to provide earned sick leave, regardless of size.
Covered Employees:
The law covers most part-time and full-time employees, including:
- Seasonal employees
- Migrant employees
- Temporary employees
Exemptions:
The following workers are not covered:
- Per diem healthcare employees
- Independent contractors
- Construction workers covered by collective bargaining agreements (under certain conditions)
- Public employees covered by more generous sick leave policies
Source: N.J.S.A. 34:11D-2 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/
Accrual
Accrual Rate: 1 hour of earned sick leave for every 30 hours worked
Annual Cap: Employers may cap usage at 40 hours per year
Source: N.J.S.A. 34:11D-2 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/
Usage
Earned sick leave may be used for:
- Employee’s own illness, injury, or health condition
- Medical diagnosis, care, or treatment
- Preventive medical care
- Care for a family member with illness, injury, or health condition
- Attendance at a child’s school-related conference or meeting
- Circumstances related to employee or family member being a victim of domestic or sexual violence
Family Member Defined:
According to N.J.S.A. 34:11D-1(j), “family member” includes:
- Child (biological, adopted, foster, stepchild, legal ward, or child of domestic partner or civil union partner)
- Parent (biological, adoptive, foster, stepparent, legal guardian, or parent-in-law)
- Spouse or domestic or civil union partner
- Sibling
- Grandparent
- Grandchild
- Any other individual related by blood to the employee
- Any other individual whose close association with the employee is the equivalent of a family relationship
Source: N.J.S.A. 34:11D-1 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/
Notice Requirements
Employees must provide advance notice when foreseeable, or as soon as practicable when unforeseeable.
Employers may require reasonable documentation if leave exceeds three consecutive days.
Source: N.J.S.A. 34:11D-3 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/
Discrimination Laws in New Jersey
3.1 Overview of Anti-Discrimination Protections
New Jersey maintains comprehensive protections against employment discrimination through the New Jersey Law Against Discrimination (NJLAD), one of the nation’s strongest anti-discrimination statutes.
The NJLAD’s purpose, as stated in N.J.S.A. 10:5-3, is to:
“Protect the opportunity of all persons to obtain employment and other accommodations without discrimination because of race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, liability for service in the Armed Forces of the United States, disability or nationality.”
Source: New Jersey Law Against Discrimination Citation: N.J.S.A. 10:5-1 et seq. Official text: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf Last amended: Multiple amendments through 2024
3.2 Protected Classes
New Jersey law prohibits employment discrimination based on the following protected characteristics:
State-Protected Classes (NJLAD)
According to N.J.S.A. 10:5-12, it is unlawful employment discrimination:
“For an employer, because of the race, creed, color, national origin, ancestry, age, sex, gender identity or expression, affectional or sexual orientation, marital status, civil union status, domestic partnership status, familial status, pregnancy or breastfeeding, or liability for service in the Armed Forces of the United States or nationality, of any individual, or because of the liability for service in the Armed Forces of the United States of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer, to refuse to hire or employ or to bar or to discharge or require to retire, unless justified by lawful considerations other than age, from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment.”
New Jersey Protected Classes:
- Race
- Creed (religion)
- Color
- National origin
- Nationality
- Ancestry
- Age (no minimum age specified, covers all ages)
- Sex (including pregnancy and breastfeeding)
- Gender identity or expression
- Affectional or sexual orientation
- Marital status
- Civil union status
- Domestic partnership status
- Familial status
- Mental or physical disability (including perceived disability, AIDS, and HIV status)
- Atypical hereditary cellular or blood trait
- Genetic information
- Liability for service in the Armed Forces of the United States
Source: New Jersey Law Against Discrimination Citation: N.J.S.A. 10:5-12 Official text: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Federal Protected Classes
Federal anti-discrimination laws provide baseline protections that apply in all states.
Title VII of the Civil Rights Act (42 U.S.C. § 2000e):
Prohibits employment discrimination based on:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity per recent EEOC interpretations)
- National origin
Source: Title VII of the Civil Rights Act of 1964 Citation: 42 U.S.C. § 2000e-2 Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm
Age Discrimination in Employment Act (29 U.S.C. § 621):
Prohibits age discrimination against individuals age 40 and older.
Source: Age Discrimination in Employment Act (ADEA) Citation: 29 U.S.C. § 621 et seq. Official text: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
Americans with Disabilities Act (42 U.S.C. § 12101):
Prohibits discrimination based on disability and requires reasonable accommodations.
Source: Americans with Disabilities Act Citation: 42 U.S.C. § 12101 et seq. Official text: https://www.ada.gov/law-and-regs/ada/
Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff):
Prohibits discrimination based on genetic information.
Source: Genetic Information Nondiscrimination Act (GINA) Citation: 42 U.S.C. § 2000ff et seq. EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination
3.3 Types of Unlawful Discrimination
The New Jersey Law Against Discrimination prohibits multiple forms of employment discrimination.
Disparate Treatment
Disparate treatment occurs when an employer treats an employee or applicant differently because of a protected characteristic.
Examples include:
- Refusing to hire qualified applicants based on race
- Paying employees less based on sex
- Terminating an employee because of religion
- Denying promotion based on age
Disparate Impact
Disparate impact occurs when a neutral employment policy or practice has a disproportionate adverse effect on members of a protected class.
According to New Jersey case law:
“The LAD is not a fault- or intent-based statute… The purpose of the LAD is to eradicate discrimination, whether intentional or unintentional.”
Source: Lehman v. Toys ‘R’ Us, Inc., 132 N.J. 587, 604-605 (N.J. 1993)
Harassment
Harassment based on a protected characteristic is prohibited when it creates a hostile work environment or results in an adverse employment action.
Source: N.J.S.A. 10:5-12(a) Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Retaliation
The NJLAD prohibits retaliation against employees who:
- Oppose discriminatory practices
- File discrimination complaints
- Participate in discrimination investigations
- Testify in discrimination proceedings
According to N.J.S.A. 10:5-12(d):
“For any person to take reprisals against any person because that person has opposed any practices or acts forbidden under this act or because that person has filed a complaint, testified or assisted in any proceeding under this act or to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this act.”
Source: N.J.S.A. 10:5-12(d) Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
3.4 Sexual Harassment
Sexual harassment is a form of sex discrimination prohibited by the New Jersey Law Against Discrimination (NJLAD).
Definition of Sexual Harassment
According to the New Jersey Division on Civil Rights:
“Sexual harassment is a form of gender-based discrimination. The New Jersey Law Against Discrimination (LAD) prohibits sexual harassment in employment.”
Source: New Jersey Division on Civil Rights Document: “Protections from Sexual Harassment in Employment” Available at: https://www.nj.gov/oag/dcr/downloads/fact_SH_Employment.pdf Published: March 9, 2020
Sexual harassment can include:
- Verbal harassment: Obscene language or demeaning comments, whether in person, over the phone, or online
- Physical harassment: Unwanted touching
- Visual harassment: Displaying or emailing pornographic images, cartoons, or drawings
Types of Sexual Harassment
1. Quid Pro Quo Harassment
Quid pro quo harassment occurs when:
- A workplace benefit (such as promotion, raise, favorable assignment) is conditioned on sexual favors, or
- An adverse action (such as termination, demotion, unfavorable assignment) is threatened if sexual favors are refused
2. Hostile Work Environment Harassment
Hostile work environment harassment occurs when:
- Unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment
- The conduct is severe or pervasive enough to alter the conditions of employment
According to New Jersey Division on Civil Rights guidance:
“Hostile work environment harassment is when the workplace environment is so permeated with unwelcome sexual conduct that it alters the conditions of employment and creates an abusive working environment.”
Source: New Jersey Division on Civil Rights Available at: https://www.nj.gov/oag/dcr/downloads/fact_SH_Employment.pdf
Coverage
The NJLAD provides broader protections than federal law in two key ways:
1. Employer Size:
According to New Jersey Division on Civil Rights:
“Federal law applies only to employers with fifteen or more employees, while the LAD applies to all employers in New Jersey, regardless of size.”
Source: New Jersey Division on Civil Rights Document: “Protections from Sexual Harassment in Employment” Available at: https://www.nj.gov/oag/dcr/downloads/fact_SH_Employment.pdf
2. Coverage of Independent Contractors:
The NJLAD protects independent contractors from sexual harassment, while federal law protects only employees.
Source: N.J.S.A. 10:5-12 Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Employer Liability
Employers can be held liable for sexual harassment by:
- Supervisors and managers
- Co-workers
- Third parties (clients, customers, vendors)
Employers have a duty to:
- Prevent sexual harassment
- Investigate complaints promptly and thoroughly
- Take appropriate corrective action
- Protect complainants from retaliation
Harassment Training Requirements
State Employees:
According to the New Jersey State Policy Prohibiting Discrimination in the Workplace:
“The interactive online training program provides a comprehensive review of the New Jersey State Policy Prohibiting Discrimination in the Workplace. The program is required for all New Jersey State government supervisors and employees.”
Source: New Jersey Civil Service Commission Training: “New Jersey Policy Prohibiting Discrimination in the Workplace Training” Available at: https://www.nj.gov/csc/employees/training/elearning/discrimination.html
Private Employers:
As of January 2026, New Jersey does not have a statewide mandate requiring private employers to provide sexual harassment training. Many employers voluntarily provide such training.
Note: Legislative proposals have been introduced to mandate harassment training for all New Jersey employers.
Source: Office of the Governor Press Release: “Governor Murphy Announces Legislation to Overhaul New Jersey’s Anti-Workplace Harassment Laws” Published: February 18, 2020 Available at: https://www.nj.gov/governor/news/news/562020/20200218a.shtml
3.5 Enforcement and Remedies
Filing Deadline
Complaints alleging violations of the NJLAD must be filed within specific timeframes:
With Division on Civil Rights:
According to New Jersey Division on Civil Rights:
“You have 180 days from the date of the alleged violation to file a complaint.”
Source: New Jersey Division on Civil Rights Available at: https://www.nj.gov/oag/dcr/
Note: Legislative changes have been proposed to extend the filing deadline to one year. Individuals may verify current deadlines when filing.
Direct Court Action:
According to N.J.S.A. 10:5-13:
“A complaint may be filed directly in Superior Court within two years of the alleged discrimination.”
Source: N.J.S.A. 10:5-13 Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Important: A complainant cannot file with both the Division on Civil Rights and Superior Court simultaneously. Choosing one forum precludes the other.
Available Remedies
The NJLAD provides comprehensive remedies for discrimination violations, including:
Compensatory Damages:
- Back pay and lost wages
- Front pay (future lost earnings)
- Emotional distress damages
- Out-of-pocket expenses
Equitable Relief:
- Hiring or reinstatement
- Promotion
- Policy changes
- Training requirements
Punitive Damages:
Available when the employer acted with malice or reckless indifference
Attorney’s Fees and Costs:
Prevailing plaintiffs may recover reasonable attorney’s fees and litigation costs
Source: N.J.S.A. 10:5-13, 10:5-27.1 Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Reasonable Accommodations
4.1 Disability Accommodations
The New Jersey Law Against Discrimination requires employers to provide reasonable accommodations to qualified individuals with disabilities.
Covered Disabilities
According to N.J.S.A. 10:5-5(q), disability includes:
“Physical disability, infirmity, malformation or disfigurement which is caused by bodily injury, birth defect or illness… mental disability… or mental illness.”
The definition is interpreted broadly and includes:
- Physical disabilities and impairments
- Mental disabilities and mental illness
- Perceived disabilities (when employer regards individual as having a disability)
- HIV and AIDS status
- Past history of disability
Source: N.J.S.A. 10:5-5(q) Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Federal Standards
The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., provides parallel federal protection requiring reasonable accommodations for qualified individuals with disabilities.
Source: Americans with Disabilities Act Citation: 42 U.S.C. § 12101 et seq. EEOC Guidance: https://www.eeoc.gov/disability-discrimination
4.2 The Interactive Process
When an employee requests a reasonable accommodation, the employer must engage in an “interactive process” to identify potential accommodations.
Five Steps of the Interactive Process
Step 1: Request for Accommodation
The employee initiates the process by requesting an accommodation. The request need not use specific legal terminology or be in writing.
Step 2: Gather Information
The employer may request medical documentation supporting the need for accommodation. The employer:
- Requests only information relevant to the disability and need for accommodation
- Maintains confidentiality of all medical information
- Avoids unnecessary or excessive medical inquiries
Step 3: Explore Accommodation Options
Both parties discuss:
- The employee’s specific limitations
- Potential accommodations that would address those limitations
- Whether proposed accommodations are effective and reasonable
Step 4: Choose and Implement Accommodation
The employer selects an effective accommodation. The employer may choose among multiple effective accommodations and need not provide the employee’s preferred accommodation.
Step 5: Monitor Effectiveness
After implementation, the employer monitors whether the accommodation is effective and makes adjustments if needed.
Employer Obligations
Employers must:
- Engage in the interactive process in good faith
- Consider the employee’s suggestions
- Explore alternative accommodations if initial options are not feasible
- Document the interactive process
Source: EEOC guidance on reasonable accommodation Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
4.3 Undue Hardship Exception
Employers are not required to provide accommodations that would impose an undue hardship.
Definition of Undue Hardship
An accommodation creates an undue hardship if it would require:
- Significant difficulty in operation
- Significant expense relative to employer’s size and resources
Federal Standard:
According to the Americans with Disabilities Act, 42 U.S.C. § 12111(10), undue hardship means:
“An action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).”
Factors considered include:
- Nature and cost of accommodation
- Overall financial resources of the facility and employer
- Impact on facility operations
- Type of operation
Source: 42 U.S.C. § 12111(10) Available at: https://www.ada.gov/
Important: The employer bears the burden of proving undue hardship. This is a high standard that requires substantial evidence.
4.4 Religious Accommodations
The New Jersey Law Against Discrimination prohibits discrimination based on religion (creed) and requires reasonable accommodation of religious observances and practices.
Covered Religious Practices
Religious accommodation requirements apply to:
- Religious observances and practices
- Religious dress and grooming
- Religious holidays and Sabbath observance
- Religious dietary restrictions
Accommodation Obligations
Employers must accommodate sincerely held religious beliefs unless doing so would create an undue hardship on business operations.
Federal Protection:
Title VII of the Civil Rights Act, 42 U.S.C. § 2000e(j), requires employers to accommodate religious observances unless doing so would cause undue hardship.
Source: Title VII of the Civil Rights Act Citation: 42 U.S.C. § 2000e(j) EEOC Guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-workplace-religious-accommodation
Note: The standard for religious accommodation undue hardship differs from disability accommodation. For religious accommodation, undue hardship exists if the accommodation would impose more than a de minimis cost on the employer.
4.5 Pregnancy Accommodations
New Jersey law requires employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions.
Statutory Requirement
According to the New Jersey Law Against Discrimination, as amended by the Pregnant Workers Fairness Act:
“It is not the intent of the Legislature to require such accommodations if their provision would cause an undue hardship on the employer.”
The legislative findings state:
“That pregnant women are vulnerable to discrimination in the workplace in New Jersey, as indicated in reports that women who request an accommodation that will allow them to maintain a healthy pregnancy, or who need a reasonable accommodation while recovering from childbirth, are being removed from their positions, placed on unpaid leave, or fired.”
Source: N.J.S.A. 10:5-12(s) Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Examples of Pregnancy Accommodations
The statute specifically mentions accommodations such as:
- Bathroom breaks
- Breaks for increased water intake
- Periodic rest
- Assistance with manual labor
- Job restructuring or modified work schedules
- Temporary transfers to less strenuous or hazardous work
Source: N.J.S.A. 10:5-12(s) Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Federal Protection
The Pregnant Workers Fairness Act (PWFA), which took effect June 27, 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
Source: Pregnant Workers Fairness Act EEOC Guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
4.6 How to Request an Accommodation
For Employees
Step 1: Notify Your Employer
Inform your employer that you need an accommodation. The request can be:
- Oral or written
- Made to supervisor, HR, or other designated individual
- Simple and straightforward (no legal terminology required)
Step 2: Explain the Need
Describe:
- Your limitation or need
- How it affects your work
- What type of accommodation might help
Step 3: Provide Documentation if Requested
If the employer requests medical documentation:
- Obtain documentation from your healthcare provider
- Ensure documentation explains the limitation and need for accommodation
- Maintain copies for your records
Step 4: Participate in the Interactive Process
- Engage in good faith discussions
- Consider various accommodation options
- Be flexible and open to alternatives
Step 5: Follow Up
- Confirm accommodation decisions in writing
- Report if accommodation is not effective
- Keep records of all communications
For Employers
Step 1: Accept the Request
- Train managers to recognize accommodation requests
- Accept requests regardless of timing or terminology
- Do not delay or ignore requests
Step 2: Engage in Interactive Process
- Initiate dialogue promptly
- Request medical documentation only when necessary
- Maintain confidentiality of all medical information
Step 3: Identify Effective Accommodations
- Consider employee’s suggestions
- Explore multiple options
- Focus on effective accommodations that enable job performance
Step 4: Implement Chosen Accommodation
- Provide accommodation in timely manner
- Document accommodation decision and reasons
- Communicate clearly with employee
Step 5: Monitor and Adjust
- Check if accommodation is effective
- Make adjustments if needed
- Document ongoing interactive process
Employer Obligations in New Jersey
5.1 Required Workplace Postings
New Jersey employers must display numerous state and federal workplace posters in conspicuous locations accessible to all employees.
New Jersey State Poster Requirements
All Private Employers Must Post:
- New Jersey Law Against Discrimination Poster
Source: N.J.A.C. 13:8-2.2 Available for download: https://www.nj.gov/oag/dcr/ Enforcing Agency: New Jersey Division on Civil Rights
- Wage and Hour Law Abstract Poster
Source: N.J.S.A. 34:11-56a7 Available for download: https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/ Enforcing Agency: New Jersey Department of Labor and Workforce Development
- Earned Sick Leave Poster
Source: N.J.S.A. 34:11D-1 et seq. Available for download: https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/ Enforcing Agency: New Jersey Department of Labor and Workforce Development
- Conscientious Employee Protection Act (CEPA) Poster
Source: N.J.S.A. 34:19-8 Available for download: https://www.nj.gov/labor/wageandhour/assets/PDFs/Employer%20Poster%20Packet/CEPA270.1.pdf Enforcing Agency: New Jersey Department of Labor and Workforce Development
- Gender Equity Notice
Source: Diane B. Allen Equal Pay Act Available for download: https://www.nj.gov/oag/dcr/ Enforcing Agency: New Jersey Division on Civil Rights
- Family Leave Act Poster (if 30+ employees)
Source: N.J.S.A. 34:11B-1 et seq. Available for download: https://www.nj.gov/oag/dcr/downloads/FLA-poster.pdf Enforcing Agency: New Jersey Division on Civil Rights
- Temporary Disability and Family Leave Insurance Notices
Source: New Jersey Temporary Disability Benefits Law Available for download: https://myleavebenefits.nj.gov/ Enforcing Agency: New Jersey Department of Labor and Workforce Development
- Workers’ Compensation Notice
Source: N.J.S.A. 34:15-49 Enforcing Agency: New Jersey Department of Labor and Workforce Development
- Unemployment Insurance Notice
Source: N.J.S.A. 43:21-1 et seq. Enforcing Agency: New Jersey Department of Labor and Workforce Development
- Child Labor Law Poster
Source: N.J.S.A. 34:2-21.1 et seq. Available for download: https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/ Enforcing Agency: New Jersey Department of Labor and Workforce Development
- Occupational Safety and Health Poster (if applicable)
Source: N.J.A.C. 12:100 et seq. Enforcing Agency: New Jersey Department of Labor and Workforce Development, Division of Public Safety and Occupational Safety and Health
Poster Packets:
The New Jersey Department of Labor provides poster packets containing required notices.
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/
Federal Poster Requirements
All Private Employers Must Post:
- Fair Labor Standards Act (FLSA) Poster
Source: U.S. Department of Labor, Wage and Hour Division Available at: https://www.dol.gov/agencies/whd/posters
- Equal Employment Opportunity (EEO) Is The Law Poster
Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/employers/eeoc-law-poster
- Employee Polygraph Protection Act Poster
Source: U.S. Department of Labor, Wage and Hour Division Available at: https://www.dol.gov/agencies/whd/posters
- Family and Medical Leave Act (FMLA) Poster (if 50+ employees)
Source: U.S. Department of Labor, Wage and Hour Division Available at: https://www.dol.gov/agencies/whd/posters/fmla
- Job Safety and Health (OSHA) Poster
Source: U.S. Department of Labor, Occupational Safety and Health Administration Available at: https://www.osha.gov/publications/osha3165
- Employee Rights Under the National Labor Relations Act
Source: National Labor Relations Board Available at: https://www.nlrb.gov/resources/poster-guidelines
Electronic Posting
According to U.S. Department of Labor guidance issued in 2020, employers may post required notices electronically if:
- All employees have access to the electronic postings
- Employees are notified of the electronic posting location
- Physical postings remain at physical worksites
Source: U.S. Department of Labor, Wage and Hour Division Field Assistance Bulletin No. 2020-5 Available at: https://www.dol.gov/agencies/whd/field-assistance-bulletins/2020-5
New Jersey Division on Civil Rights has issued similar guidance supporting electronic posting as a supplement to physical postings.
5.2 New Hire Reporting
New Jersey employers must report all new hires and rehires to the New Jersey Department of Labor and Workforce Development.
Reporting Requirement
According to N.J.S.A. 2A:17-56.60:
Employers must report newly hired employees within 20 days of hire date.
Source: N.J.S.A. 2A:17-56.60 Available at: https://www.nj.gov/labor/
Required Information
Employers must report:
- Employee’s name
- Employee’s address
- Employee’s Social Security number
- Employee’s date of hire
- Employer’s name
- Employer’s address
- Employer’s Federal Employer Identification Number (FEIN)
How to Report
Online Reporting: New Jersey New Hire Reporting Center website
By Mail: New Jersey New Hire Reporting Center P.O. Box 4654 Trenton, NJ 08650
By Fax: 609-984-5154
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/
5.3 Recordkeeping Requirements
New Jersey employers must maintain specific employment records for designated periods.
Wage and Hour Records
According to the New Jersey State Wage and Hour Law:
“Under New Jersey’s Wage and Hour Law, employers must keep the following records for 6 years:
- Employee’s name and address
- Employee’s birth date (if under 18)
- Total hours worked each day and week
- Employee earnings, including regular hourly wage, gross-to-net pay with itemized deductions, and wage basis
- For tipped employees, total tips received each payroll week
- For tipped employees, daily or weekly reports including: Employee’s name, address, and Social Security number; Calendar day or week covered; Total tips received”
Source: N.J.S.A. 34:11-56a5 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml
Retention Period: 6 years
Personnel Records
New Jersey does not have a specific statute mandating retention of general personnel records. However, various laws impose specific retention requirements:
I-9 Forms (Immigration): Retention period: 3 years from date of hire or 1 year after separation, whichever is later
Source: Immigration and Nationality Act, 8 U.S.C. § 1324a Available at: https://www.uscis.gov/i-9
EEO-1 Reports (if required): Retention period: 1 year from filing date
Source: EEOC regulations, 29 C.F.R. § 1602.14
Medical Records (ADA): Retention period: Duration of employment
Source: Americans with Disabilities Act regulations, 29 C.F.R. § 1630.14(c)
Payroll Tax Records: Retention period: 4 years after tax due date
Source: Internal Revenue Code, 26 U.S.C. § 6001
5.4 Form I-9 and E-Verify Requirements
Form I-9 Requirements
All U.S. employers must complete Form I-9, Employment Eligibility Verification, for every employee hired.
Timing:
According to U.S. Citizenship and Immigration Services regulations:
- Employee completes Section 1 on or before first day of employment
- Employer completes Section 2 within 3 business days of first day of employment
Source: 8 C.F.R. § 274a.2 Form I-9: https://www.uscis.gov/i-9
Retention:
Employers must retain completed I-9 forms for:
- 3 years after date of hire, or
- 1 year after separation, whichever is later
Source: 8 U.S.C. § 1324a(b)(3) Available at: https://www.uscis.gov/i-9
E-Verify
E-Verify is an internet-based system that compares information from Form I-9 to government records to confirm employment eligibility.
New Jersey Requirements:
New Jersey does not mandate E-Verify for private employers. E-Verify participation is voluntary for most New Jersey employers.
Exception: Federal contractors and some state contractors may be required to use E-Verify under federal or state contract provisions.
Source: E-Verify Program Available at: https://www.e-verify.gov/
5.5 Wage Payment Requirements
Payment Frequency
According to N.J.S.A. 34:11-4.2:
“Every employer shall pay the full amount of wages due to his employees at least twice during each calendar month, on regular pay days designated in advance by the employer.”
Minimum Frequency: Twice per month (semi-monthly)
Payment Timing:
The time between the end of a pay period and the pay day cannot exceed 10 working days.
Source: N.J.S.A. 34:11-4.2 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/selectedstatelaborlaws.shtml
Permissible Payment Methods
New Jersey permits payment through:
- Direct deposit (with employee written consent)
- Check
- Cash
- Payroll card (with employee written consent and certain protections)
Source: N.J.S.A. 34:11-4.2a Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/selectedstatelaborlaws.shtml
Wage Statements
Employers must provide wage statements (pay stubs) showing:
- Gross wages
- Deductions (itemized)
- Net wages
Source: N.J.S.A. 34:11-4.6 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/selectedstatelaborlaws.shtml
Filing Complaints
6.1 When to File a Complaint
Employees may consider filing a complaint when they believe their employment rights have been violated. Common situations include:
Wage and Hour Violations:
- Unpaid wages or withheld paychecks
- Minimum wage violations
- Unpaid overtime
- Improper deductions
- Meal or rest break violations (for minors)
- Final paycheck delays
Discrimination or Harassment:
- Adverse employment actions based on protected characteristics
- Hostile work environment
- Sexual harassment
- Failure to accommodate disabilities, pregnancy, or religious practices
- Retaliation for opposing discrimination
Family or Medical Leave Violations:
- Denial of NJFLA or FMLA leave
- Retaliation for taking leave
- Interference with leave rights
Workplace Safety Issues:
- Unsafe working conditions
- Lack of required safety equipment
- Retaliation for reporting safety concerns
Whistleblower Retaliation:
- Adverse action for reporting illegal activity
- Retaliation under CEPA
6.2 New Jersey Department of Labor and Workforce Development (Wage Claims)
The New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance, handles complaints related to wage and hour violations.
Covered Issues
- Minimum wage violations
- Unpaid overtime
- Unpaid wages
- Illegal deductions
- Final paycheck issues
- Earned sick leave violations
- Child labor violations
How to File
Online Filing:
New Jersey Department of Labor and Workforce Development maintains an online complaint system.
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/wageandhour/
By Mail or In Person:
New Jersey Department of Labor and Workforce Development Division of Wage and Hour Compliance P.O. Box 389 Trenton, NJ 08625-0389
By Phone:
609-292-2305
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/wageandhour/
What Happens After Filing
According to the New Jersey Department of Labor and Workforce Development:
“Within 10 days of receiving your complaint, Wage and Hour Compliance will mail you an acknowledgement letter listing your complaint number. We will review your complaint to verify that Wage and Hour Compliance has jurisdiction. If your complaint does not fall within our jurisdiction, you will be notified. Depending on the nature of the complaint, your complaint will be assigned to a field investigator, handled by mail, or scheduled for a Wage Collection proceeding.”
Source: New Jersey Department of Labor and Workforce Development Document: “Wage and Hour Compliance FAQs (for Workers)” Available at: https://www.nj.gov/labor/wageandhour/support/faqs/wageandhourworkerfaqs.shtml
No Filing Fee
There is no cost to file a wage complaint with the New Jersey Department of Labor and Workforce Development.
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/wageandhour/
6.3 New Jersey Division on Civil Rights (Discrimination and Harassment)
The New Jersey Division on Civil Rights (DCR) enforces the New Jersey Law Against Discrimination (NJLAD) and the New Jersey Family Leave Act (NJFLA).
Covered Issues
- Employment discrimination based on protected characteristics
- Sexual harassment
- Hostile work environment
- Retaliation for opposing discrimination
- Failure to provide reasonable accommodations
- Family leave violations (NJFLA)
- Housing discrimination
- Public accommodation discrimination
Filing Deadline
According to New Jersey Division on Civil Rights:
“You have 180 days from the date of the alleged violation to file a complaint.”
Source: New Jersey Division on Civil Rights Available at: https://www.nj.gov/oag/dcr/
Important: Legislative proposals exist to extend this deadline to one year. Individuals may verify current filing deadlines when preparing to file.
How to File
Online Filing (NJBIAS Portal):
The New Jersey Division on Civil Rights uses the NJBIAS online intake system.
Source: New Jersey Division on Civil Rights Portal: NJBIAS Available at: https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/division-on-civil-rights-file-a-complaint/
By Phone:
1-833-NJDCR4U (1-833-653-2748)
According to New Jersey Division on Civil Rights:
“Call 1-833-NJDCR4U and a DCR receptionist can assist you in filling out the form on the NJBIAS portal.”
Source: New Jersey Division on Civil Rights Available at: https://www.nj.gov/oag/dcr/
By Mail or In Person:
Complaints can be filed at any of the four regional DCR offices:
Northern Regional Office: 31 Clinton Street Newark, NJ 07102 Phone: (973) 648-2700 Fax: (973) 648-4405
Central Regional Office: 140 East Front Street P.O. Box 090 Trenton, NJ 08625-0090 Phone: (609) 292-4605 Fax: (609) 984-3812
Southern Regional Office: 5 Executive Campus, Suite 107 Cherry Hill, NJ 08034 Phone: (856) 486-4080
South Shore Regional Office: 1325 Boardwalk Tennessee Avenue & Boardwalk Atlantic City, NJ 08401 Phone: (609) 441-3100 Fax: (609) 441-3578
Source: New Jersey Division on Civil Rights Document: “Know Your Civil Rights for Employment” Available at: https://www.nj.gov/oag/dcr/
Investigation Process
After filing a complaint with DCR:
- Intake: DCR reviews the complaint to determine jurisdiction
- Investigation: If jurisdiction exists, DCR investigates the allegations
- Finding: DCR makes a determination of probable cause or no probable cause
- Resolution Options:
- Settlement between parties
- Public hearing if probable cause found and no settlement
- Director’s final decision after hearing
Source: New Jersey Division on Civil Rights regulations Citation: N.J.A.C. 13:4 Available at: https://www.nj.gov/lps/dcr/downloads/Final-Title-13-12.30.pdf
No Filing Fee
There is no cost to file a complaint with the New Jersey Division on Civil Rights.
Source: New Jersey Division on Civil Rights Available at: https://www.nj.gov/oag/dcr/
6.4 U.S. Equal Employment Opportunity Commission (Federal Discrimination Claims)
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws.
Covered Issues
- Discrimination under Title VII (race, color, religion, sex, national origin)
- Age discrimination (ADEA)
- Disability discrimination (ADA)
- Genetic information discrimination (GINA)
- Equal pay violations (EPA)
- Retaliation
Filing Deadline
Federal Law Deadline: 300 days from the date of discrimination in states with a state fair employment practices agency (like New Jersey)
Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/filing-charge-discrimination
How to File
Online Inquiry:
EEOC Public Portal for submitting inquiries
Source: https://publicportal.eeoc.gov/Portal/Login.aspx
By Phone:
1-800-669-4000 TTY: 1-800-669-6820
In Person:
EEOC Newark Area Office 20 Washington Place, 4th Floor Newark, NJ 07102 Phone: 1-800-669-4000
Source: U.S. Equal Employment Opportunity Commission Office Locator: https://www.eeoc.gov/field-office
Dual Filing
When a charge is filed with the EEOC in New Jersey, it is typically “dual filed” with the New Jersey Division on Civil Rights, and vice versa, through a work-sharing agreement.
Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/
6.5 Occupational Safety and Health Complaints
Workplace safety complaints are handled by different agencies depending on employer type.
Private Sector Employers
Federal OSHA covers private sector employers in New Jersey.
How to File:
Online: OSHA Online Complaint Form Available at: https://www.osha.gov/workers/file-complaint
By Phone: 1-800-321-OSHA (6742)
Local Office: OSHA Avenel Area Office 1030 St. Georges Avenue, Suite 205 Avenel, NJ 07001 Phone: (732) 750-3270
Source: U.S. Department of Labor, Occupational Safety and Health Administration Available at: https://www.osha.gov/
Public Sector Employers
New Jersey PEOSH (Public Employees Occupational Safety and Health) covers state and local government employees.
For Safety Hazards:
New Jersey Department of Labor and Workforce Development Division of Public Safety and Occupational Safety and Health Office of Public Employees Occupational Safety and Health
Filing: Forms can be submitted by email to: peosha@dol.nj.gov
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/safetyandhealth/file-complaint/
For Health Hazards:
New Jersey Department of Health PEOSH Program
Source: New Jersey Department of Health Available at: https://www.nj.gov/health/workplacehealthandsafety/peosh/
Confidentiality
According to New Jersey Department of Labor and Workforce Development:
“Public employees or public employee representatives may remain confidential if requested; the identity and other personally identifiable information of employees and cooperating witnesses are protected from disclosure to employers and others, with limited exceptions.”
Source: New Jersey Department of Labor and Workforce Development Available at: https://www.nj.gov/labor/safetyandhealth/file-complaint/
6.6 Private Lawsuit
Employees may have the option to file a lawsuit directly in court for certain employment law violations.
New Jersey Superior Court
NJLAD Claims:
According to N.J.S.A. 10:5-13, individuals may file discrimination claims directly in Superior Court within two years of the alleged discrimination.
Source: N.J.S.A. 10:5-13 Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Important: Filing in court precludes filing with the Division on Civil Rights, and vice versa. Choose one forum.
Wage Claims:
New Jersey wage and hour violations can also be pursued through private lawsuits.
CEPA (Whistleblower) Claims:
CEPA claims can be filed directly in Superior Court.
Source: N.J.S.A. 34:19-5 Available at: https://www.nj.gov/labor/wageandhour/assets/PDFs/Employer%20Poster%20Packet/CEPA270.1.pdf
Federal Court
Federal Employment Claims:
Title VII, ADA, ADEA, and other federal employment claims can be filed in U.S. District Court, typically after receiving a “right to sue” letter from the EEOC.
Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/
FMLA Claims:
Federal Family and Medical Leave Act claims can be filed in federal court.
Source: U.S. Department of Labor, Wage and Hour Division Available at: https://www.dol.gov/agencies/whd/fmla
Attorney Representation
Individuals pursuing court claims may benefit from consulting with or retaining an employment attorney. Many employment attorneys work on contingency fee arrangements for discrimination and wage claims.
6.7 Tips for Filing Complaints
Document Everything:
- Keep copies of relevant documents (pay stubs, emails, policies, evaluations)
- Write down dates, times, and details of incidents
- Identify witnesses
- Save communications
Act Promptly:
- Be aware of filing deadlines (180 days for DCR, 300 days for EEOC, 2 years for court)
- Don’t delay filing even if internal company processes are ongoing
- Statute of limitations cannot be extended
Be Thorough:
- Provide complete information on complaint forms
- Include all relevant facts
- Attach supporting documentation
- Update contact information
Keep Copies:
- Make copies of all complaints and documents submitted
- Keep confirmation numbers and receipts
- Document all communications with agencies
Know Your Rights:
- Retaliation for filing complaints is illegal
- You have the right to representation
- Multiple complaint processes may be available
Seek Assistance:
- Contact the relevant agency with questions
- Consider consulting with an employment attorney
- Legal aid organizations may provide free assistance to qualifying individuals
6.8 Complaint Filing Quick Reference
Wage and Hour Issues:
- Agency: NJ Department of Labor and Workforce Development, Division of Wage and Hour Compliance
- Phone: 609-292-2305
- Website: https://www.nj.gov/labor/wageandhour/
- Deadline: Generally within 2 years for wage claims
Discrimination and Harassment:
- State Agency: NJ Division on Civil Rights
- Phone: 1-833-NJDCR4U (1-833-653-2748)
- Website: https://www.nj.gov/oag/dcr/
- Deadline: 180 days from incident
- Federal Agency: U.S. Equal Employment Opportunity Commission
- Phone: 1-800-669-4000
- Website: https://www.eeoc.gov/
- Deadline: 300 days from incident
Workplace Safety (Private Sector):
- Agency: Federal OSHA
- Phone: 1-800-321-OSHA (6742)
- Website: https://www.osha.gov/
- No specific deadline
Workplace Safety (Public Sector):
- Agency: NJ PEOSH
- Email: peosha@dol.nj.gov
- Website: https://www.nj.gov/labor/safetyandhealth/
- No specific deadline
Family Leave Violations (NJFLA):
- Agency: NJ Division on Civil Rights
- Phone: 1-833-NJDCR4U
- Deadline: 180 days from incident
Federal Family Leave (FMLA):
- Agency: U.S. Department of Labor, Wage and Hour Division
- Phone: 1-866-487-9243
- Website: https://www.dol.gov/agencies/whd/fmla
- Deadline: 2 years (3 years for willful violations)
Remote Work in New Jersey
7.1 Remote Work Considerations in New Jersey
Remote work has become increasingly common in New Jersey employment. While New Jersey does not have comprehensive remote work-specific legislation, existing employment laws apply to remote workers.
Wage and Hour Requirements
Remote workers are entitled to the same wage and hour protections as on-site workers:
- Minimum wage applies to all hours worked
- Overtime must be paid for hours over 40 per week
- All time worked must be compensated
- Wage payment requirements apply
Source: New Jersey State Wage and Hour Law Citation: N.J.S.A. 34:11-56a et seq. Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml
Anti-Discrimination Protections
The New Jersey Law Against Discrimination applies to remote workers.
According to guidance from the New Jersey Division on Civil Rights:
“New Jersey enforcement guidance has now clarified that the New Jersey Law Against Discrimination (NJLAD) applies to employees outside the state who work for New Jersey-based employers.”
Source: Employment law update materials (2026)
This means:
- Remote workers are protected from discrimination
- Harassment prohibitions apply to virtual communications
- Reasonable accommodation obligations extend to remote work situations
- Retaliation protections apply
Workers’ Compensation
Remote workers injured while performing work duties may be covered by workers’ compensation, depending on the circumstances of the injury.
Workplace Safety
While OSHA’s general duty clause applies to all workplaces, practical enforcement of safety standards in home offices is limited. Employers may:
- Provide ergonomic guidance
- Address safety concerns raised by remote workers
- Not require unsafe home office conditions
7.2 Right to Request Remote Work
As of January 2026, New Jersey does not have a statutory right for employees to request remote work arrangements.
Legislative Search Conducted:
- New Jersey Legislature website: https://www.njleg.state.nj.us/
- Search terms: “right to request remote work”, “flexible work arrangements”
- Date: January 14, 2026
- Result: No enacted legislation establishing right to request remote work
Some employees may have contractual rights to remote work based on:
- Employment contracts
- Collective bargaining agreements
- Employer policies
- Reasonable accommodations for disability
7.3 Return to Office Mandates
New Jersey employers generally have the right to require employees to return to physical workplaces.
Exceptions:
Employees may have protected rights to continue remote work as:
Reasonable Accommodation:
Under the NJLAD and ADA, employees with disabilities may be entitled to remote work as a reasonable accommodation if:
- The employee has a qualifying disability
- Remote work is an effective accommodation
- Remote work does not create undue hardship for the employer
Source: N.J.S.A. 10:5-1 et seq. Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Contractual Rights:
Employees with employment contracts or collective bargaining agreements specifying remote work rights may have enforceable contractual protections.
7.4 For More Information
For comprehensive information about remote work laws, workplace flexibility, and related topics, individuals may consult legal counsel or review employer-specific policies.
2026 Updates and Recent Changes
8.1 Major Legislative Changes Effective 2026
Minimum Wage Increase (Effective January 1, 2026)
Most Workers: $15.92 per hour (increased from $15.49 in 2025)
Small and Seasonal Employers: $15.23 per hour (increased from $14.53)
Agricultural Workers: $14.20 per hour (increased from $13.40)
Long-Term Care Direct Care Staff: $18.92 per hour (increased from $18.49)
Tipped Workers (Cash Wage): $6.05 per hour (increased from $5.62)
Source: New Jersey Department of Labor and Workforce Development Press Release: “New Jersey’s Minimum Wage to Increase to $15.92/Hour for Most Employees on Jan. 1” Published: October 1, 2025 Available at: https://www.nj.gov/labor/lwdhome/press/2025/20251001_Minimum_Wage.shtml
Temporary Disability and Family Leave Insurance Benefit Rates (Effective January 1, 2026)
Maximum Weekly Benefit Rate for Temporary Disability and Family Leave Insurance: $1,119 (increased from $1,081 in 2025)
Maximum Weekly Benefit Rate for Unemployment Insurance: $905 (increased from $875 in 2025)
Source: New Jersey Department of Labor and Workforce Development Press Release: “NJ Department of Labor and Workforce Development Announces New Benefit Rates for 2026” Published: December 29, 2025 Available at: https://www.nj.gov/labor/lwdhome/press/2025/20251229_newbenefitrates2026.shtml
8.2 Pending Legislation and Proposals
ABC Test for Independent Contractors
As of January 2026, regulatory changes to codify the “ABC test” for independent contractor classification remain subject to legislative action.
According to December 2025 legislative developments:
“The fate of proposed rules aimed at preventing employee misclassification remains uncertain as the new year approaches, following lawmakers’ December action challenging the regulatory changes.”
Source: Employment law update publications (December 2025)
Employers and workers may monitor developments in independent contractor classification rules.
Workplace Harassment Training Mandates
Legislative proposals have been introduced to require all New Jersey employers to provide workplace harassment and discrimination training.
Source: Office of the Governor Press Release: “Governor Murphy Announces Legislation to Overhaul New Jersey’s Anti-Workplace Harassment Laws” Published: February 18, 2020 Available at: https://www.nj.gov/governor/news/news/562020/20200218a.shtml
As of January 2026, comprehensive training mandates for private employers have not been enacted. Employers may monitor legislative developments.
8.3 How to Stay Updated
Official Government Sources
New Jersey Department of Labor and Workforce Development:
- Website: https://www.nj.gov/labor/
- Subscribe to email updates
- Check press releases regularly
New Jersey Division on Civil Rights:
- Website: https://www.nj.gov/oag/dcr/
- Review guidance documents
- Monitor enforcement priorities
New Jersey Legislature:
- Website: https://www.njleg.state.nj.us/
- Track pending bills
- Review legislative summaries
Employer Responsibilities
Employers may:
- Subscribe to agency email updates
- Consult employment law counsel
- Update policies annually
- Train management on legal changes
- Review compliance regularly
8.4 Quarterly Review Schedule
Employers may conduct quarterly reviews of:
Q1 (January-March):
- New minimum wage rates (effective January 1)
- Updated benefit rates
- New poster requirements
- Annual recordkeeping audit
Q2 (April-June):
- First-quarter regulatory updates
- Mid-year policy review
- Training schedule assessment
Q3 (July-September):
- Upcoming legislative changes
- Third-quarter compliance check
- Budget for next year’s increases
Q4 (October-December):
- Announced wage increases for following year
- Year-end compliance audit
- Policy updates for new year
- Training calendar for following year
Resources
10.1 New Jersey State Government Agencies
New Jersey Department of Labor and Workforce Development
Primary agency for wage and hour issues, unemployment insurance, temporary disability, family leave insurance, and workplace safety
Main Office: P.O. Box 110 Trenton, NJ 08625-0110
Phone: 609-777-3200
Website: https://www.nj.gov/labor/
Division of Wage and Hour Compliance: Phone: 609-292-2305 Website: https://www.nj.gov/labor/wageandhour/
Unemployment Insurance: Website: https://www.nj.gov/labor/myunemployment/
Temporary Disability and Family Leave Insurance: Website: https://myleavebenefits.nj.gov/
New Jersey Division on Civil Rights
Enforces the New Jersey Law Against Discrimination and New Jersey Family Leave Act
Northern Regional Office: 31 Clinton Street Newark, NJ 07102 Phone: (973) 648-2700
Central Regional Office: 140 East Front Street P.O. Box 090 Trenton, NJ 08625-0090 Phone: (609) 292-4605
Southern Regional Office: 5 Executive Campus, Suite 107 Cherry Hill, NJ 08034 Phone: (856) 486-4080
South Shore Regional Office: 1325 Boardwalk Atlantic City, NJ 08401 Phone: (609) 441-3100
General Information: 1-833-NJDCR4U (1-833-653-2748)
Website: https://www.nj.gov/oag/dcr/
New Jersey Division of Public Safety and Occupational Safety and Health
Enforces workplace safety standards for public employees
Office of Public Employees Occupational Safety and Health (OPEOSH): P.O. Box 386 Trenton, NJ 08625-0386
Email: peosha@dol.nj.gov
Website: https://www.nj.gov/labor/safetyandhealth/
New Jersey Legislature
Official website for tracking pending legislation
Website: https://www.njleg.state.nj.us/
10.2 Federal Government Agencies
U.S. Department of Labor
Federal agency overseeing wage and hour, FMLA, OSHA, and other employment laws
Main Website: https://www.dol.gov/
Wage and Hour Division: Phone: 1-866-4-US-WAGE (1-866-487-9243) Website: https://www.dol.gov/agencies/whd
Occupational Safety and Health Administration (OSHA): Phone: 1-800-321-OSHA (6742) Website: https://www.osha.gov/
OSHA Avenel Area Office (serving New Jersey): 1030 St. Georges Avenue, Suite 205 Avenel, NJ 07001 Phone: (732) 750-3270
U.S. Equal Employment Opportunity Commission
Enforces federal anti-discrimination laws
Main Phone: 1-800-669-4000 TTY: 1-800-669-6820
Website: https://www.eeoc.gov/
EEOC Newark Area Office: 20 Washington Place, 4th Floor Newark, NJ 07102
National Labor Relations Board
Enforces federal labor law regarding unions and collective bargaining
Main Phone: 1-844-762-NLRB (6572)
Website: https://www.nlrb.gov/
NLRB Region 22 (Newark): 20 Washington Place, 5th Floor Newark, NJ 07102-3110 Phone: (973) 645-2100
U.S. Citizenship and Immigration Services
Administers I-9 and E-Verify programs
Main Phone: 1-800-375-5283
Website: https://www.uscis.gov/
I-9 Information: https://www.uscis.gov/i-9
E-Verify: https://www.e-verify.gov/
10.3 Key Publications and Guidance Documents
From New Jersey Agencies:
New Jersey Wage and Hour Law Abstract Available at: https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/
New Jersey Law Against Discrimination (Full Text) Available at: https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf
Conscientious Employee Protection Act Poster Available at: https://www.nj.gov/labor/wageandhour/assets/PDFs/Employer%20Poster%20Packet/CEPA270.1.pdf
New Jersey Family Leave Act Regulations Available at: https://www.nj.gov/oag/dcr/downloads/FamilyLeaveAct-Regulations.pdf
New Jersey Earned Sick Leave Law Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/
From Federal Agencies:
EEOC Publications on Employment Discrimination Available at: https://www.eeoc.gov/publications
DOL Wage and Hour Fact Sheets Available at: https://www.dol.gov/agencies/whd/fact-sheets
OSHA Publications and Resources Available at: https://www.osha.gov/publications
FMLA Information and Forms Available at: https://www.dol.gov/agencies/whd/fmla
10.4 Legal Assistance Resources (Governmental)
New Jersey Courts Self-Help Resources
The New Jersey Judiciary provides comprehensive self-help resources for individuals representing themselves in court.
Website: https://www.njcourts.gov/self-help Services include:
- Legal forms and instructions
- Self-help kits
- Court information and procedures
- Small claims assistance
- Landlord-tenant resources
Source: New Jersey Courts Available at: https://www.njcourts.gov/self-help
New Jersey Courts – Find Legal Aid
The New Jersey government maintains a directory of legal aid resources for low-income residents.
Statewide Legal Services Hotline: 1-888-LSNJ-LAW (1-888-576-5529) Hours: Monday through Friday, 8:00 AM to 5:30 PM
Source: State of New Jersey Available at: https://www.nj.gov/basicneeds/legal-aid/
Source: New Jersey Courts Legal Reference Materials Available at: https://www.njcourts.gov/self-help/legal-reference-materials
New Jersey Courts Ombudsman
Court ombudsman staff can help locate information, explain court processes, and provide guidance.
Source: New Jersey Courts Contact: Through local courthouse or statewide call center Available at: https://www.njcourts.gov/public/get-help
New Jersey Office of the Public Defender
Provides legal representation to eligible individuals in criminal and certain other cases.
Main Office: 31 Clinton Street, 4th Floor Newark, NJ 07102
Source: New Jersey Office of the Public Defender Website: https://www.state.nj.us/defender/
County-by-County Legal Services Directory
The New Jersey Courts maintain a directory of legal services offices by county.
Source: New Jersey Courts Directory: https://www.njcourts.gov/sites/default/files/forms/12901_lawref.pdf
Legal Assistance for Specific Populations:
Veterans Legal Services:
New Jersey Department of Military and Veterans Affairs provides assistance to veterans with legal matters.
Source: New Jersey Department of Military and Veterans Affairs Website: https://www.nj.gov/military/veterans/
Disability Legal Resources:
New Jersey Division of Disability Services provides information about legal resources for individuals with disabilities.
Source: New Jersey Division of Disability Services Website: https://www.nj.gov/disabilities/employment-independent-living/legal-advocacy-resources/
Domestic Violence Legal Assistance:
New Jersey courts provide resources for domestic violence victims seeking legal assistance.
Source: New Jersey State Police Legal Services Information: https://www.nj.gov/njsp/division/operations/legal-services.shtml
10.5 Additional Resources
New Jersey Business Action Center
Provides information and assistance to businesses
Phone: 1-800-JERSEY-7 (1-800-537-7394) Website: https://business.nj.gov/
U.S. Small Business Administration
Resources for small businesses including employment law guidance
Website: https://www.sba.gov/
SCORE New Jersey
Free business mentoring and workshops
Website: https://newjersey.score.org/
10.6 Monitoring Updates and Changes
To stay informed about employment law changes in New Jersey:
Subscribe to email updates from:
- New Jersey Department of Labor and Workforce Development
- New Jersey Division on Civil Rights
- U.S. Department of Labor
- U.S. Equal Employment Opportunity Commission
Monitor:
- New Jersey Legislature website for pending bills
- Agency websites for new guidance documents
- Federal Register for federal rule changes
Consult:
- Employment law attorneys for specific questions
- Industry associations for sector-specific guidance
- Human resources professionals for policy implementation
Frequently Asked Questions - New Jersey Employment Law
1. What is employment law in New Jersey?
Employment law in New Jersey is the comprehensive legal framework governing the relationship between employers and employees in the state. It includes state statutes such as the New Jersey State Wage and Hour Law, the New Jersey Law Against Discrimination, the Conscientious Employee Protection Act, and the New Jersey Family Leave Act, along with federal laws like the Fair Labor Standards Act, Title VII of the Civil Rights Act, and the Americans with Disabilities Act. These laws establish employee rights, employer obligations, and remedies for violations in areas including wages, working conditions, discrimination, leave, and workplace safety.
Source: New Jersey Department of Labor and Workforce Development; New Jersey Division on Civil Rights Available at: https://www.nj.gov/labor/ and https://www.nj.gov/oag/dcr/
2. What is the difference between labor law and employment law?
Employment law is the broader framework covering all aspects of the employer-employee relationship, including wages, discrimination, safety, and benefits. Labor law is a specific subset focused on collective bargaining, union activities, and organized labor relations. Employment law applies to all workers in New Jersey, while labor law applies specifically to unionized workers and union-management relations.
Source: National Labor Relations Board; New Jersey Department of Labor and Workforce Development Available at: https://www.nlrb.gov/ and https://www.nj.gov/labor/
3. Is New Jersey an at-will employment state?
Yes, New Jersey follows the at-will employment doctrine. This means employment relationships are presumed to be at-will unless modified by contract, statute, or common law exception. Either the employer or employee can terminate the employment relationship at any time, for any legal reason, or no reason at all. However, numerous exceptions limit this doctrine, including statutory protections against discrimination, whistleblower protections under CEPA, and public policy exceptions.
Source: New Jersey case law (Woolley v. Hoffmann-La Roche, Inc., 491 A.2d 1257 (N.J. 1985))
4. What is the minimum wage in New Jersey for 2026?
The minimum wage in New Jersey for most workers is $15.92 per hour effective January 1, 2026. Special rates apply to small employers and seasonal employers ($15.23/hour), agricultural workers ($14.20/hour), long-term care facility direct care staff ($18.92/hour), and tipped workers (cash wage of $6.05/hour with maximum tip credit of $9.87).
Source: New Jersey Department of Labor and Workforce Development Press Release: October 1, 2025 Available at: https://www.nj.gov/labor/lwdhome/press/2025/20251001_Minimum_Wage.shtml
5. Does New Jersey require overtime pay?
Yes, New Jersey requires overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek. This follows the federal Fair Labor Standards Act standard. Certain employees are exempt from overtime based on their job duties and salary level, including executive, administrative, and professional employees who meet specific criteria.
Source: New Jersey State Wage and Hour Law, N.J.S.A. 34:11-56a4 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml
6. Are meal and rest breaks required in New Jersey?
New Jersey does not require meal or rest breaks for adult workers (age 18 and over). Employees under age 18 must receive a 30-minute break after five consecutive hours of work. If an employer chooses to provide breaks, breaks lasting 20 minutes or less must generally be paid, while meal breaks lasting 30 minutes or more may be unpaid if the employee is completely relieved of duties.
Source: New Jersey Child Labor Law, N.J.S.A. 34:2-21.17d(g)(4); U.S. Department of Labor guidance Available at: https://www.nj.gov/labor/wageandhour/ and https://www.dol.gov/general/topic/workhours/breaks
7. What are my employee rights in New Jersey?
New Jersey employees have extensive rights including: minimum wage and overtime pay; earned sick leave (1 hour per 30 hours worked, up to 40 hours per year); protection from discrimination based on race, creed, color, national origin, ancestry, age, sex, gender identity, sexual orientation, marital status, disability, and other protected characteristics; freedom from harassment and retaliation; reasonable accommodations for disabilities, pregnancy, and religious practices; family leave rights; whistleblower protections; and workplace safety protections.
Source: New Jersey Department of Labor and Workforce Development; New Jersey Division on Civil Rights Available at: https://www.nj.gov/labor/ and https://www.nj.gov/oag/dcr/
8. Can my employer fire me for any reason in New Jersey?
While New Jersey is an at-will state, employers cannot fire employees for illegal reasons. Protected reasons include: discrimination based on protected characteristics; retaliation for reporting illegal activity (whistleblowing under CEPA); exercising rights under employment laws (filing wage complaints, taking family leave, reporting safety violations); refusing to violate the law; and reasons that violate public policy. Employees with employment contracts or union agreements may have additional protections.
Source: New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.); Conscientious Employee Protection Act (N.J.S.A. 34:19-1 et seq.) Available at: https://www.nj.gov/lps/dcr/ and https://www.nj.gov/labor/wageandhour/
9. How do I file a discrimination complaint in New Jersey?
To file a discrimination complaint in New Jersey, contact the New Jersey Division on Civil Rights within 180 days of the alleged discrimination. You can file online through the NJBIAS portal, by phone at 1-833-NJDCR4U (1-833-653-2748), or in person at one of four regional offices. Alternatively, you can file with the federal EEOC within 300 days, or file a lawsuit directly in Superior Court within two years (but you cannot pursue both agency and court actions simultaneously).
Source: New Jersey Division on Civil Rights Available at: https://www.nj.gov/oag/dcr/
10. Can I request remote work as a reasonable accommodation?
Yes, remote work may be a reasonable accommodation under the New Jersey Law Against Discrimination and the Americans with Disabilities Act if you have a qualifying disability and remote work would be an effective accommodation that does not create undue hardship for your employer. You must engage in the interactive process with your employer. Remote work may also be an accommodation for pregnancy-related limitations. The employer may explore alternative accommodations that allow continued in-office work.
Source: N.J.S.A. 10:5-1 et seq.; Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Available at: https://www.nj.gov/lps/dcr/ and https://www.eeoc.gov/
11. What are employer obligations in New Jersey?
New Jersey employers must: pay at least minimum wage and overtime; provide earned sick leave; display required workplace posters; maintain accurate payroll records for 6 years; report new hires within 20 days; complete I-9 forms for all employees; pay wages at least twice monthly; provide final paychecks by next regular payday; comply with anti-discrimination laws; provide reasonable accommodations; maintain safe workplaces; allow family and medical leave; protect whistleblowers from retaliation; and comply with child labor laws.
Source: New Jersey Department of Labor and Workforce Development; New Jersey Division on Civil Rights Available at: https://www.nj.gov/labor/ and https://www.nj.gov/oag/dcr/
12. What workplace posters are required in New Jersey?
New Jersey employers must display numerous state and federal posters including: New Jersey Law Against Discrimination poster; Wage and Hour Law Abstract; Earned Sick Leave poster; CEPA poster; Gender Equity Notice; Family Leave Act poster (if 30+ employees); Temporary Disability and Family Leave Insurance notices; Workers’ Compensation notice; Unemployment Insurance notice; Child Labor Law poster; federal FLSA poster; federal EEO poster; federal FMLA poster (if 50+ employees); and federal OSHA poster.
Source: New Jersey Department of Labor and Workforce Development Poster packets available at: https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/
13. How long must employers keep employment records?
New Jersey employers must keep wage and hour records for 6 years. These records include employee names, addresses, birth dates (if under 18), hours worked, wages paid, and deductions. Federal requirements mandate retention of I-9 forms for 3 years after hire or 1 year after separation (whichever is later), payroll tax records for 4 years, and medical records for the duration of employment.
Source: N.J.S.A. 34:11-56a5 Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/wageandhourlaws.shtml
14. Does New Jersey require paid sick leave?
Yes, New Jersey requires employers to provide earned sick leave. Employees accrue 1 hour of paid sick leave for every 30 hours worked, up to 40 hours per year. Sick leave can be used for the employee’s own illness, care for family members, attending school conferences, or matters related to domestic or sexual violence. The law applies to nearly all New Jersey employers regardless of size.
Source: New Jersey Earned Sick Leave Law, N.J.S.A. 34:11D-1 et seq. Available at: https://www.nj.gov/labor/wageandhour/tools-resources/laws/
15. What protections exist for remote workers in New Jersey?
Remote workers in New Jersey are covered by the same employment laws as on-site workers, including minimum wage and overtime requirements, anti-discrimination protections, earned sick leave, and reasonable accommodation rights. The New Jersey Law Against Discrimination applies to employees outside New Jersey who work for New Jersey-based employers. However, New Jersey does not currently have a statutory right to request remote work, and employers generally can require return to office unless remote work is required as a reasonable accommodation.
Source: New Jersey Law Against Discrimination; New Jersey State Wage and Hour Law Available at: https://www.nj.gov/oag/dcr/ and https://www.nj.gov/labor/wageandhour/