Dealing With Unpaid Wages in New Jersey
My employer hasn't paid me — here's what New Jersey law says and what to do next.
Statute: N.J. Stat. § 34:11-4.4
Deadline: 7 days
Penalty: Employer may be liable for the full amount of unpaid wages plus up to 200% additional liquidated damages, plus reasonable attorney fees and costs
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How New Jersey differs from federal law
New Jersey's minimum wage is significantly higher than the federal rate and adjusts automatically each year:
- Standard minimum wage: $15.92/hr (2025), adjusted annually based on the Consumer Price Index (CPI). New Jersey passed a phased minimum wage increase in 2019 that reached $15/hr in 2024, with CPI adjustments each year after.
- Tipped employees: $5.62/hr cash wage with a $10.30/hr tip credit. Total compensation must reach the full state minimum wage. If tips fall short, the employer must make up the difference.
- Seasonal and small employers: Businesses with fewer than 6 employees pay $15.23/hr (2025). Seasonal employers also follow this lower rate.
- Agricultural workers: $13.73/hr (2025), with a separate phase-in schedule.
- No local preemption: Unlike Texas, New Jersey does not block municipalities from passing local wage ordinances, though none currently exceed the state rate.
Additional steps in New Jersey
File a wage complaint with the NJ Department of Labor at nj.gov/labor or call (609) 292-2305. Under the Wage Theft Act, you may be entitled to triple damages for minimum wage violations.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for New Jersey, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in New Jersey.