Nurses working at small hospitals or medical facilities are continuously concerned about whether wage payments based on their working hours are being made fairly. This concern is particularly acute when receiving weekly wages, where transparency and accuracy of the settlement process are major worries. If wages are not properly calculated or payments fall below legal standards, this can seriously impact workers’ livelihoods and job security.
This article will examine in detail the legal background, problem cases, rights protection measures, and specific approaches to problem resolution for wage settlement issues faced by nurses working in medical institutions, based on New Jersey employment law. We will also guide you through the procedures workers must follow to rightfully receive the wages they are entitled to, and how to utilize public agencies such as the Department of Labor.
- New Jersey Employment Law and Legal Standards for Wage Payment
New Jersey employment law clearly stipulates the right of all workers to receive fair and lawful wages, and regulates minimum wage, overtime pay, and deduction provisions in detail for this purpose. In particular, wage payment regulations applicable to nurses working in medical institutions must be strictly observed based on employment contracts, wage statements, and work records.
Minimum Wage Regulations
As of 2025, New Jersey’s minimum wage applies differently based on business size:
- Businesses with 6 or more employees: $15.49/hour
- Businesses with 5 or fewer employees: $14.53/hour
This does not simply mean hourly wages, but rather the minimum amount a worker can receive for one hour of work. For hospital nurses, this standard applies on an hourly basis even when paid weekly.
Overtime Pay Calculation
Overtime pay in New Jersey is calculated as follows:
Pay = Hours over 40 per week × Base hourly rate × 1.5
An important point is that premium pay for exceeding 8 hours per day is not mandatory under New Jersey state law. Only hours exceeding 40 per week are subject to 1.5 times pay.
For example:
- Base hourly rate: $20/hour
- Working 45 hours per week: Regular 40 hours + 5 overtime hours
- Regular wages: $20 × 40 hours = $800
- Overtime pay: $20 × 1.5 × 5 hours = $150
- Total wages: $950
Wage Payment Timing
Legally, workers must receive wages on regular cycles such as weekly or bi-weekly, and wage payment dates must be clearly specified.
Wage Statements
All workers must receive wage statements with clearly detailed information when wages are paid, including hourly rates, work hours, overtime pay, and deduction details.
Deduction and Withholding Regulations
Deduction principles:
- Net pay after deductions ≥ $15.49 (businesses with 6+ employees) or $14.53 (businesses with 5 or fewer employees)
- Deductions without written notice are illegal
- According to legal regulations, deductions must only be made for legally or contractually justified reasons
- Specific Problems and Practical Cases in Wage Settlement
(1) Non-payment of Overtime Pay
Nurses in hospitals often perform overtime work, and cases frequently occur where overtime pay is not properly calculated or paid. This is a legal violation and an act that infringes on workers’ rights to receive appropriate compensation for overtime work.
Common violation cases:
- Paying only regular hourly rates for hours exceeding 40 per week
- Intentionally reducing recorded overtime hours
- Non-payment of overtime under the pretext of “salary system”
(2) Improper Application of Deductions
Wage deductions must be made according to legal reasons and procedures, but some hospitals improperly deduct from workers’ wages.
Cases of improper deductions:
- Arbitrary deductions for hospital losses or damages
- Excessive charges for uniform rental fees
- Deductions for other costs without written consent
- Cases where net pay after deductions falls below minimum wage
(3) Unfair Wage Calculation
Weekly wage calculation formula:
Total wages = (Regular hours × Hourly rate) + (Overtime hours × Hourly rate × 1.5) – Deductions
Problems also arise when hospitals inaccurately process time records, manipulate work hours, or omit some work hours during the wage settlement process. This results in workers receiving wages below fair levels.
- Legal Responsibility and Remedies for Wage Settlement Problems
Legal Remedy Procedures
| Action | Deadline | Agency |
| Department of Labor complaint | Within 6 months from date of wage theft | NJDOL |
| Civil lawsuit | Within 2 years (based on oral contracts) | Court |
(1) Department of Labor Complaints and Legal Action
When workers receive wages that are unfair or below legal standards, they can seek relief by filing complaints with the New Jersey Department of Labor (NJDOL) within 6 months from the date of wage theft.
The complaint process is relatively simple, with both online and in-person filing available. When filing complaints, it is important to attach relevant wage statements and work records as supporting evidence.
(2) Legal Lawsuits and Civil Litigation
If issues are not resolved through complaints, civil lawsuits can be filed within 2 years to claim unpaid wages, improper deductions, overtime pay, etc. In particular, courts can compare evidence submitted by workers with hospital records to order lawful wage payments or render judgments for damages.
(3) Enforcement for Non-payment of Wages
Important: The Department of Labor can only enforce collection after court judgment and does not have direct enforcement authority. Even after court judgment, if hospitals fail to pay unpaid wages, wage payment can be enforced through enforcement procedures.
- Practical Methods for Workers to Protect Their Rights
Rights Protection Practical Manual
- Evidence Collection
- Clock-in/out records: Preserve all forms of work time evidence including electronic access cards and manual records
- Pay stubs: Check and preserve detailed monthly records
- Work logs: Record overtime content and hours
- Pay Stub Review Points
- Verify hourly rate meets minimum wage ($15.49 or $14.53)
- Check if 1.5 times pay is applied to hours exceeding 40 per week
- Verify legitimacy of deduction items and written consent
- Confirm net pay after deductions maintains minimum wage standards
- Expert Consultation Preparation
- Prepare evidence list before contacting employment law attorney
- Calculate specific damage amounts and problem occurrence timeline
- Respond promptly within 6-month/2-year deadlines
Additional Protection Measures
- Thoroughly maintain work records: Recording clock-in, clock-out times, and overtime hours to secure supporting evidence is essential.
- Regularly check wage statements: Carefully review detailed information each time wages are paid, and immediately file complaints or request consultation if there are discrepancies.
- Utilize legal expert consultation: Since wage settlement problems can involve complex legal issues, it is advisable to seek help from experienced employment law attorneys or consultation agencies.
Conclusion
If nurses working at small hospitals or medical facilities are experiencing difficulties with wage settlement problems, please do not try to solve them alone, but seek expert help.
As of 2025, New Jersey’s minimum wage is $15.49 (6+ employees) or $14.53 (5 or fewer employees), and overtime pay applies at 1.5 times for hours exceeding 40 per week. Since there are 6-month complaint deadlines and 2-year lawsuit deadlines, prompt response is necessary when problems arise.
New Jersey employment law strongly protects workers’ wage rights and provides various legal means to resolve unfair wage discrepancies or settlement problems.
If you are experiencing difficulties with wage settlement problems, unpaid overtime, improper deductions, etc., do not suffer alone any longer and contact Song Law Firm. Call 201-461-0031 or contact us at mail@songlawfirm.com.
This column is for reference only and does not constitute legal advice. For guidance on your specific situation, please contact us at 201-461-0031, WeChat: songlawfirm, or email mail@songlawfirm.com to schedule a consultation.
