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McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
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Can My Employer Pay Me Less Than Minimum Wage? | Header Image | McOmber McOmber & Luber

Can My Employer Pay Me Less Than Minimum Wage?

One of the key protections for workers in the U.S. is the guarantee of a minimum wage. This ensures that employers provide a basic standard of living for employees, but there are circumstances where exceptions apply. 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.

What is Minimum Wage?

The minimum wage is the lowest hourly rate that employers are legally required to pay their workers. This rate is set by federal, state, and local laws. While the federal minimum wage is $7.25 per hour, many states, including New Jersey, have implemented higher minimum wages to reflect the cost of living and other economic factors.

New Jersey Minimum Wage Laws

As of January 1st, 2024, the current minimum wage in NJ is $15.43, gradually being raised since the law was signed in 2019. However, small businesses (those with fewer than six employees), seasonal businesses, and farm labor companies are subject to slower adoption of the new rate and have until 2026 to implement it.

Exceptions to Minimum Wage Laws

Although most employees are entitled to the minimum wage, there are specific categories of workers who may not be subject to this requirement. Some of the common exceptions include:

  • Full-time students
  • Outside salespersons
  • Motor Vehicle salespersons
  • Part-time childcare 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 organized by non-profit religious organizations and associations

Tipped employees, such as servers and bartenders, are another exception to the standard minimum wage. If an employee’s total earnings, including both hourly wages and tips, fall below the minimum wage, the employer is required to make up the difference to ensure the employee receives at least the minimum hourly rate.

Subminimum Wage for Workers With Disabilities

While there are still federal provisions under the Fair Labor Standards Act that allow employers to pay subminimum wages to disabled workers, NJ has introduced legislation to phase this practice out. It promotes equal pay and prohibits the payment of subminimum wages regardless of disability, age, injury, or status.

Get Help If Your Employer Is Not Paying You Properly

As an employee in New Jersey, you have the right to receive the minimum wage and the right to be paid for overtime hours. If your employer is paying you less than minimum wage or is violating other wage & hour laws, such as denying earned sick leave, you should contact our New Jersey Employment attorneys at McOmber McOmber & Luber, P.C.

Our New Jersey wage and hour attorneys are standing by to help. If you need our legal assistance, call our New Jersey offices in Red Bank, Marlton, and Newark or our New York City,
NY, and Philadelphia, PA locations for a free consultation.

Related FAQs

  • What Are Your Rights as a Restaurant Employee?

    About 34% of workers in the restaurant sector quit their jobs or want to do so. Even though this is an excellent way to get experience and make money, working at a restaurant is no walk in the park. The work environment is quite stressful, and the wages aren’t the best.

    To make sure you’re being treated properly and lawfully, it’s crucial to be aware of the rights you have as a restaurant employee. Some restaurants take part in unlawful behavior that infringes on the rights of employees to make more money.

    Read More
  • What Happens to Employee Tips?

    The truth is that it depends on the restaurant that you’re in. Different restaurants have varying tipping policies.

    Some restaurants may have pooled tips, while others may have direct tips. These two are the most popular options for restaurants around the country.

    Read More
  • What’s a Tipped Employee?

    A tipped employee is a legal term that’s used to describe a career field that relies on tips in a major way. This is someone who receives at least $30 or more per month in tips. These kinds of jobs are almost exclusively in the service industry.

    Read More
  • What’s the Tipped Minimum Wage?

    The tipped minimum wage for New Jersey is $5.26 per hour. As you can see, this is significantly lower than the standard minimum wage in the state. However, it’s much higher than most other states in the US.

    Read More
  • Can Employers Change Wages?

    Under state law, employers are entitled to change their employees’ wages. They need to give you advance notice and it can’t be done retroactively. However, they may not reduce your pay below the state minimum wage if you are in a qualifying job.

    Read More
  • How Many Hours Should You Work Each Week?

    Under the new legislation, a standard working week in most jobs is 40 hours. This means that you are entitled to overtime pay for every minute you work over 40 hours.

  • Are Noncompetes Enforceable? 

    While many may view noncompetes as unethical and questionable, there is some good news. Just because an employee breaks their noncompete does not mean they are in peril of consequences. A court will decide whether to uphold noncompete clauses depending on the situation. 

    Read More
  • Which Industries Use Noncompetes? 

    Noncompetes affect a wide range of industries. These can be high-level employees such as engineers and executives. But it can also affect smaller-scale jobs such as hairstylists and workers in a warehouse. 

    Read More
  • Can I be disciplined or terminated if I refuse to be available while on vacation?

    You need to review your company’s policies and procedures for taking vacation days. If you believe you are being singled out or treated unfairly compared to other employees who take vacation days, your employer may be in breach of contract or in violation of federal or state law.

  • Can my employer call me during vacation or ask me to do work while I’m on vacation?

    If you are an hourly, non-exempt employee and your employer contacts you during vacation, your employer will likely be required to pay you for the time you spend working. An hourly, non-exempt employee is someone who is paid an hourly wage and is entitled to minimum wage and overtime for working over 40 hours per week.

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    Wage & Hour Attorney

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
    856.985.9800
    856.263.2450

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

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