Not getting paid for your work is not only frustrating—it’s also a violation of New Jersey labor laws. Whether you’re an hourly employee, salaried worker, or independent contractor, you have legal rights that protect you from wage theft. This post will guide you through the steps to take if your employer fails to pay you in New Jersey.
Understand Your Rights
Under the New Jersey Wage Payment Law and the federal Fair Labor Standards Act (FLSA), most employees are entitled to receive at least the minimum wage, as well as timely payment for their work. Employers are required to pay wages on regularly scheduled paydays and provide statements detailing hours worked and deductions taken. If an employer withholds payment, delays it, or fails to pay overtime, it could be a violation of the law.
Check Your Employment Classification
Some employers misclassify employees as independent contractors to avoid paying taxes, overtime, or benefits. If you believe you’ve been misclassified, you may still be entitled to unpaid wages. New Jersey uses the “ABC Test” to determine whether a worker is an independent contractor or an employee. If you meet the criteria of an employee, you are protected by wage laws.
Gather Documentation
Before taking legal action, collect all relevant documentation. This may include:
- Pay stubs
- Time sheets or work schedules
- Emails or texts regarding work hours
- Employment contracts or job offers
- Bank statements showing missing deposits
Having organized evidence strengthens your case and makes it easier to prove the wage violation.
Speak With Your Employer
Sometimes wage issues are the result of administrative errors. Politely speak with your employer or HR department about the missing payment. If your employer acknowledges the issue and commits to fixing it, make sure to follow up and get any promises in writing.
File a Complaint with the NJ Department of Labor
If speaking to your employer does not resolve the issue, you can file a formal complaint with the New Jersey Department of Labor and Workforce Development (NJDOL). The NJDOL investigates wage complaints and can order employers to pay back wages, plus damages and penalties. Complaints can be filed online and do not require an attorney.
Consider Legal Action
If the NJDOL does not resolve your issue, or if the amount owed is significant, you may choose to file a lawsuit in civil court. New Jersey law allows you to recover:
- Unpaid wages
- Liquidated damages (up to 200% of the unpaid wages)
- Attorney’s fees and court costs
A labor attorney can help evaluate your case and ensure your rights are protected.
Know the Time Limits
In New Jersey, you generally have six years to file a lawsuit for unpaid wages. However, it’s best to act as soon as possible while evidence and details are fresh. Waiting too long may limit your options or reduce the amount you can recover.
Conclusion
Being denied payment for your labor is a serious matter, but New Jersey law is on your side. If you’re not paid, take action quickly—document the issue, talk to your employer, and file a claim with the NJDOL or take legal action if necessary. Standing up for your rights not only helps you—it can also prevent the same mistreatment from happening to others.