Here are some of the most important details about the new law:
For more information, NJDOL makes available on its website (nj.gov/labor) a summary chart, as well as the answers to Frequently Asked Questions.
You should also be aware of the broad authority the DOL possess to investigate potential violations of the new minimum wage law, to impose criminal and administrative sanctions for non-compliance, and to bring civil lawsuits to protect the rights of workers. Violations may be punished by heavy fines, administrative penalties, and even imprisonment. N.J.S.A. 34:11-56a22. The state may also pursue civil lawsuits to recover unpaid wages for workers. N.J.S.A. 34:11- 56a25. They intend to use these tools to deter and punish wage and hour violations.
We urge employers to review New Jersey's wage and hour laws carefully. The DOL will enforce these laws according to their terms, and will not tolerate efforts to skirt labor protections. In particular, they have made it a priority to combat wage theft and employee misclassification the practice by which certain employers have classified workers as independent contractors instead of employees, and thus deprived them of the statutory rights to which they are entitled. They will use their broad authority under the law to vigorously pursue the misclassification of workers, especially when the practice is designed to evade the protections our new minimum wage law promises. So we encourage employers to carefully review whether, under New Jersey law, their workers really do qualify as bona fide independent contractors.