Attorneys Robert W. Smith and Christopher J. Eibeler

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.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
★★★★★
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
★★★★★
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
★★★★★
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
★★★★★
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
★★★★★
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully