10 Rights Every NJ Employee Should Know

Many New Jersey workers assume their employer’s rules are the final word. They sign an at‑will employment agreement, accept their pay rate, and don’t question unusual schedules or last‑minute deductions. When they experience mistreatment—late paychecks, discrimination, or retaliation after speaking up—many employees feel powerless or worry that challenging a boss could lead to job loss. Yet New Jersey has some of the strongest employee protections in the country. Whether you are a full‑time worker, part‑time employee, gig worker misclassified as an independent contractor, or someone recently laid off, you have legal rights.

This guide, written for New Jersey employees, outlines 10 core rights under state and federal law. It is not legal advice. Instead, it is a roadmap to help you recognize when an employer’s actions might violate the law so you can seek appropriate guidance. Understanding these rights is the first step toward protecting your job, your paycheck, and your dignity at work.

1. The Right to Be Paid at Least Minimum Wage

New Jersey’s minimum wage is higher than the federal rate. As of January 2026, most employees in New Jersey must be paid at least $15.92 per hour, and state law mandates annual increases based on inflation. Under the New Jersey Wage and Hour Law:

• All covered employees, including part‑time and temporary workers, must receive at least the state minimum wage.
• Tipped employees must receive a cash wage plus tips that equals or exceeds the minimum wage. If tips plus the cash wage do not reach the state minimum, the employer must pay the difference. Employers cannot use tip credits to avoid paying state‑mandated wages.
• Certain workers, such as babysitters or some seasonal farmworkers, may fall under specific exemptions, but these are narrow.

If your pay rate falls below the state minimum or your employer pays you as an independent contractor without increasing your rate, you may have a claim.

2. The Right to Overtime Pay

Employees who work more than 40 hours in a workweek generally must receive time‑and‑a‑half their regular rate for those extra hours. The New Jersey Wage and Hour Law and the Federal Fair Labor Standards Act (FLSA) require employers to:

• Pay 1.5 times your regular hourly rate for each hour worked over 40 hours in a week.
• Count all hours worked, including time spent logging in, security checks, or donning protective gear when such tasks are integral to the job.
• Understand that salaried employees may still be eligible for overtime unless they meet specific executive, administrative, or professional exemptions.

If you are classified as “exempt” or receive a salary but perform duties similar to non‑exempt workers, you may be owed significant unpaid overtime wages.

3. The Right to Receive All Earned Wages on Time

The New Jersey Wage Payment Law requires employers to pay employees at regular intervals (e.g., weekly, bi‑weekly). Employees must receive:

• All earned wages on each regular payday, including hourly pay, salary, and commissions.
• Unused vacation or earned sick leave payout if company policy or employment contracts promise it.
• Final wages by the next regular payday after termination or resignation.

Employers cannot delay payment or make deductions unrelated to taxes, garnishments, or authorized contributions. If your paycheck is consistently late, missing, or missing promised wages or bonuses, you may be able to pursue a claim for unpaid wages and additional damages.

4. Protection Against Wage Theft

New Jersey enacted a Wage Theft Act that imposes steep penalties on employers who fail to pay workers properly. Wage theft includes:

• Failing to pay minimum wage or overtime.
• Not paying for all hours worked (e.g., asking employees to “work off the clock”).
• Improperly classifying employees as independent contractors.
• Making unlawful deductions from wages for uniforms, breakage, or short registers.

Employees can seek unpaid wages, liquidated damages of up to 200% of the unpaid wages (meaning employers may owe triple the original amount), and attorney’s fees. Employers who commit repeat violations could face criminal charges. Keep copies of pay stubs, schedules, and any documents showing hours worked to support a potential claim.

5. Protection Against Misclassification as an Independent Contractor

Companies sometimes classify workers as independent contractors to avoid overtime, benefits, and payroll taxes. Under New Jersey law, workers are considered employees unless the employer can prove:

• A. The individual is free from control or direction over the performance of services.
• B. The services are outside the usual course of the business for which the service is performed.
• C. The individual is customarily engaged in an independently established trade or business.

This three‑part test, known as the “ABC Test,” makes New Jersey one of the toughest states for employers to claim a worker is an independent contractor. If you are misclassified, you may be entitled to back pay, overtime, benefits, and tax contributions.

6. The Right to Be Free from Discrimination

Both the New Jersey Law Against Discrimination (NJLAD) and federal laws prohibit discrimination based on protected characteristics such as race, national origin, sex, pregnancy, age (18 and older), religion, disability, marital status, sexual orientation, gender identity, military service, and more. Discrimination can take many forms:

• Hiring and firing: Denying employment or terminating employees for discriminatory reasons.
• Compensation and promotions: Paying employees less or passing them over for promotions based on protected characteristics.
• Job assignments: Assigning less desirable tasks or isolating employees due to their identity.

To have a viable discrimination claim, employees must show that they belong to a protected category, were qualified for the position, and suffered adverse employment actions because of discriminatory bias. Keeping documentation and witness information is crucial.

7. The Right to Be Free from Workplace Harassment

Workplace harassment involves unwelcome conduct based on a protected characteristic that creates a hostile environment or results in a tangible employment action (e.g., demotion, cut hours). Under NJLAD:

• Employers must prevent and correct harassment committed by supervisors, coworkers, and, in some cases, third parties like clients.
• Sexual harassment, including unwelcome sexual advances, requests for sexual favors, and verbal or physical harassment of a sexual nature, is prohibited.
• Non‑sexual harassment (e.g., derogatory racial remarks, slurs, or jokes) can be just as unlawful if it is severe or pervasive.

Victims should report harassment according to company policy and document incidents. Employers cannot retaliate against employees for making good‑faith complaints.

8. The Right to Take Legally Protected Sick or Family Leave

New Jersey provides robust leave protections beyond federal requirements:

• NJ Family Leave Act: Allows eligible employees to take up to 12 weeks of unpaid leave in a 24‑month period to care for a family member with a serious health condition or to bond with a new child. Unlike the federal FMLA, the NJ statute applies to employers with 30 or more employees and covers more family relationships.
• NJ Paid Sick Leave Act: Nearly all employees are entitled to accrue up to 40 hours of paid sick leave per year, which can be used for personal or family health issues, school closures, or domestic violence matters.
• Temporary Disability & Family Leave Insurance: Provides partial wage replacement for employees who cannot work due to non‑work‑related illness or injury, to care for a seriously ill family member, or for bonding with a new child.

Employers cannot retaliate against workers for taking protected leave or discourage them from using their accrued sick time.

9. Protection Against Retaliation for Speaking Up

New Jersey employees have the right to speak up about workplace wrongdoing without fear of retaliation. Key protections include:

• Conscientious Employee Protection Act (CEPA): Often called the “whistleblower law,” CEPA protects workers who report illegal activities, fraud, or threats to public health and safety. It covers employees who refuse to participate in wrongdoing or who testify or provide information to authorities.
• NJLAD and Wage Laws: Also contain anti‑retaliation provisions that bar employers from punishing employees who file discrimination or wage complaints, cooperate with investigations, or support co‑workers’ claims.

Retaliation can include firing, demotion, reduced hours, undesirable assignments, or negative performance reviews shortly after a complaint. If you experience adverse actions after reporting misconduct, you may have a strong retaliation claim.

10. The Right to Seek Legal Remedies When Rights Are Violated

When an employer violates the law, employees may have recourse through administrative complaints or lawsuits. Potential remedies vary but can include:

• Unpaid wages and overtime.
• Liquidated damages and interest for wage violations.
• Compensatory damages for emotional distress or reputational harm in discrimination or retaliation cases.
• Reinstatement or front pay if wrongful termination occurs.
• Attorneys’ fees and costs for certain claims.

Employment law claims have deadlines, sometimes as short as 180 days. Consulting an attorney promptly helps preserve your rights and assess whether a lawsuit or agency complaint is appropriate.

Steps to Protect Yourself

Many workers do not realize their rights have been violated until months later. Employers might justify illegal practices with seemingly legitimate explanations (“That’s just how we do things”) or pressure employees into signing away rights. To protect yourself:

• Document everything. Keep copies of pay stubs, timesheets, schedules, emails, text messages, and any written or digital communications with supervisors about pay, hours, or complaints.
• Follow internal complaint procedures. Report discrimination, harassment, or wage issues through your employer’s formal process if one exists. Doing so puts the employer on notice and can strengthen a claim.
• Be cautious with severance agreements. Do not sign severance, settlement, or arbitration agreements without reviewing them with a lawyer. These documents often include waivers of legal rights.
• Seek legal guidance early. If you notice red flags (late paychecks, discriminatory comments, hours being shaved), consult an employment attorney. Early advice can prevent mistakes, preserve evidence, and improve the chances of a successful resolution.

Next Steps

If you believe your employer has violated any of these rights, do not assume the problem will resolve on its own. Employment law is complex, and each case depends on specific facts. While some disputes can be resolved internally, others require legal action to achieve a fair outcome. Speaking with an attorney does not mean you must immediately file a lawsuit—it simply empowers you with knowledge about your options.

Need Legal Guidance?

Understanding your rights is crucial, but it is only the beginning. If you work in New Jersey and believe you have been underpaid, misclassified, discriminated against, harassed, denied leave, or retaliated against, professional legal guidance can help determine the best course of action. A knowledgeable employment attorney can assess your situation, explain the laws that apply, and help protect your interests. Contact Song Law Firm today at 201-461-0031 or mail@songlawfirm.com to discuss your circumstances and explore potential remedies.

Disclaimer: This article provides general information about New Jersey employment law and is not legal advice. Every situation is unique, and laws may change. For advice on your specific case, please consult an attorney.