Fair Employment Practices | The New Jersey Law Against Discrimination (NJLAD or LAD) outlaws harassment and discrimination in the workplace. Race, creed, color, national origin, age, ancestry, nationality, marital status, domestic partnership status, civil union status, gender, pregnancy, disability, military service eligibility, sexual orientation, unusual hereditary cellular trait, and genetic information are protected characteristics.
Retaliation against an employee for reporting discrimination, taking part in legal procedures, or objecting to any actions that the LAD prohibits is also prohibited under the LAD. |
Pregnancy Accommodation | According to the New Jersey Pregnant Workers Fairness Act (NJPWFA), employers must make reasonable accommodations for workers who are expecting, have just given birth, are nursing infants, or have medical conditions connected to pregnancy, delivery, or breastfeeding. |
Equal Pay | When viewed as a sum of skill, effort, and responsibility, paying employees of a class protected by the Law Against Discrimination less than what is paid to employees outside the class for substantially similar work is considered an unlawful employment practice. |
Discussion of Wages | According to the LAD, employees can inquire about their coworkers' salaries, among other things, to look into or challenge unfair pay practices. |
Whistleblower Protections | The Conscientious Employee Protection Act of New Jersey forbids retaliation against an employee who reports, or threatens to report improper, dishonest, harmful, or illegal behavior by an employer, or behavior related to subpar patient care by a healthcare provider, provides information to or testifies in a hearing, or objects to or declines to engage in any activity, policy, or practice that the employee believes to be improper. |
Credit Checks | If an applicant has been informed in writing that their credit report may be used for employment purposes and has given their approval, a New Jersey employer may get their credit report. |
Criminal Checks | If a job applicant's prior crimes are reasonably linked to the position, a New Jersey employer may ask about their criminal history. An employer is not allowed to ask about prior arrests. |
Ban the Box | The Opportunity to Compete Act of New Jersey forbids firms with 15 or more workers from asking applicants about their criminal history during the first hiring process, which stops after the employer has done a first interview. This law is also called a "ban the box" statute. |
Salary History Inquiry Restrictions | According to New Jersey law, employers are prohibited from asking job applicants about their salary histories, including past wages, salaries, or benefits, and they also cannot demand that an applicant's salary history meet any minimum or maximum standards. |
Minimum Wage | The statutory minimum wage in New Jersey is $12.93 for small businesses and seasonal workers and $14.13 for big businesses. |
Overtime | For hours worked beyond 40 in a workweek, non-exempt employees are typically required to get overtime pay at 1.5 times their usual hourly rate. |
Breastfeeding Breaks | The employer must provide an appropriate space for an employee to express breast milk for her young kid as well as a reasonable amount of break time each day. |
Child Labor | The operation of hazardous equipment and the performance of hazardous job activities are prohibited for minors 16 or 17. |
Health Care Continuation | Regarding qualifying events, deadlines, and premium rates, New Jersey's healthcare continuation statute generally follows the federal Consolidated Omnibus Budget Reconciliation Act (COBRA). The New Jersey statute, however, covers businesses with two to 50 employees. As a result, New Jersey firms employing 20 to 50 employees are required to abide by both state and federal law. |
Pay Frequency | Non-exempt workers are entitled to full salaries, often payable on predetermined regular paydays at least semimonthly.
Employees must be paid the day before the next workday if a regular payday comes on a day when the company is closed unless a collective bargaining agreement specifies otherwise. |
Pay Statement | Every Employer in New Jersey is required to give each employee a statement of the deductions made from their salary for each pay period during which deductions are made. |
Wage Deductions | If needed by state or federal law or court order, with the employee's written consent, or for other legal reasons, such as but not limited to child support withholding, creditor garnishments, and tax levies, deductions may be taken from an employee's pay. |
Temporary Disability Insurance | When an employee suffers a non-work-related illness or injury that prevents them from carrying out their regular job duties, all businesses subject to the state unemployment insurance law must offer temporary disability benefits (TDB) to the employee. |
Family and Medical Leave | According to the New Jersey Family Leave Act (NJFLA), companies with 30 or more employees must permit qualified workers to take up to 12 weeks of unpaid leave in a calendar year to care for a covered family member who is ill or in need of foster care or adoption. |
Paid Family Leave | To bond with a newborn child, care for an ill family member, deal with domestic or sexual violence, or take care of a family member due to a communicable disease, all employees of covered employers are eligible for up to 12 weeks of paid family leave insurance (FLI). FLI is financed solely by a required payroll tax on employees. |
Paid Sick Leave | Qualifying employees may use up to 40 hours of paid sick time each year. |
Other Time Off Requirements | A New Jersey business must also abide by additional leave and time off rules, such as military leave, jury duty leave, emergency responder leave, domestic violence leave, and family leave and paid sick leave requirements. |
Smoke-Free Workplace | The New Jersey Smoke-Free Air Act forbids smoking in indoor public spaces and places of employment, including e-cigarette use. |
Safe Driving Practices | In the State of New Jersey, it is illegal for anyone to text or talk on a cell phone while operating a vehicle. |
Final Pay | The employer is required to pay the employee all wages due by the regular payday for the pay period in which the termination, suspension, or cessation of employment occurred if the employee is laid off, suspended due to a labor dispute, resigns, or leaves employment for any reason.
Upon proper demand to the employer, the employer may pay all wages due to a deceased employee to the employee's surviving spouse, children who are 18 years of age or older in equal shares, or to the guardian of children who are younger than 18, father, mother, or survivor, siblings, or the person who pays the funeral costs. |