Wage Payment Law
Has your employer failed to pay your earned wage or commission? Were you terminated or did you quit your job, and as a result, your employer has told you that it is not going to pay you your last paycheck? Were you terminated your employment in retaliation for not being paid your earned wages? If so, our New Jersey Employment Lawyers may be able to help you recover your unpaid earned money.
New Jersey has enacted the Wage Payment Law in order to assure that employees are timely paid their agreed upon wages for the work they perform for their employers. The New Jersey Wage Payment Law is a humanitarian and remedial legislation that our courts have stated should be construed liberally in favor of the employee receiving their wages.
The New Jersey Wage Payment Law requires that employers pay their employees their wages on regular paydays designated in advance. Wages are defined by law as "the direct monetary compensation for labor or services rendered by an employee, where the amount is determined on a time, task, piece or commission basis excluding any form of supplementary incentives and bonuses which are calculated independently of regular wages and paid in addition thereto." Under the New Jersey Wage Payment Law, employers:
- must generally pay an employee at least twice during a calendar month;
- may deposit the wages due to an employee directly into an account maintained by the employee in a financial institution;
- must pay any wages due to an employee who has resigned or been discharged or laid off no later than the regular payday for the pay period during which the separation occurred;
- must notify employees of any changes in the pay rates prior to the time of such changes;
- must pay to a certain person or persons all wages due a deceased employee;
- are prohibited from entering into any agreement with an employee for the payment of wages except as provided by the statute other than to agree to pay wages more frequently than prescribed by the Wage Payment Law or to pay wages in advance;
- employers must pay all wages conceded to be due at the time payment is expected in the event of a dispute regarding the amount of wages due; and
- must provide employees advance notice who are paid on a commission basis of any change in the method by which the commission is calculated.
New Jersey courts have made clear that an employee can maintain a private cause of action for an alleged violation of the New Jersey Wage Payment Law. If you believe you have not been paid your earned wages or commissions, please call our office to speak to one of our New Jersey Employment Lawyers about your claim of unpaid wages.