Can My Employer Pay Me Less Than Minimum Wage?

Generally, your employer cannot pay you less than minimum wage. However, there are some exceptions that you should be aware of to ensure your employer is paying you properly.

Exceptions

Employees who are exempt from the minimum wage rates include:

• Full-time students
• Outside salespersons
• Motor Vehicle salespersons
• Part-time child care employees who primarily work in the home of their employers
• Minors under 18 unless they are working in hotels, restaurants, retail, laundry, cleaning, beauty, light manufacturing, farming, or apparel occupations
• Individuals who work at summer camps, conferences, or retreats during June, July, August, and September which are organized by non-profit religious organizations or associations
• Some workers with disabilities because some employers with approved certificates can pay a subminimum wage to those with a disability that diminishes their earning capacity

Additionally, Employers have an additional consideration if there business employs tipped employees. If the total earnings of the employee calculated by adding the hourly wage and tips earned is less than the minimum hourly wage, then the employer has to provide the necessary additional funds to equalize the employee’s pay so he or she makes the minimum wage per hour.

New Jersey Minimum Wage

Governor Phil Murphy established a minimum wage law for the state of New Jersey. The current rate as of January 1, 2024, is $15.13. However, small businesses (those with fewer than six employees), seasonal businesses, and farm labor companies are subject to the increase at a slower rate.

Get Help If Your Employer Is Not Paying You Properly

If your employer is paying you less than minimum wage and is not subject to one of the exceptions above, you should contact an attorney to discuss what actions you can take. Our New Jersey Employment lawyers at McOmber McOmber & Luber, P.C.  can help ensure that you receive your proper payment. Call our office in Red Bank, New Jersey at 732-842-6500, our Marlton, New Jersey office at 856-985-9800, or our Newark, New Jersey office at 973-787-9040 to find out more.