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Are there any New Jersey specific employment law pitfalls?

On Behalf of | Apr 19, 2024 | Business Law

Owning a business is rife with potential legal pitfalls. One such area where business owners can find themselves caught up in litigation is employment law. In New Jersey, employers face a complex array of state-specific employment laws alongside federal regulations. These laws span from wage and hour requirements to leave policies, but each is critical for businesses to understand in order to maintain compliance and prevent potential litigation.

Wage and hour compliance

New Jersey mandates a minimum wage of $15.00 per hour, with overtime set at $22.50. Ensuring proper compensation for all hours worked is essential for employers. Employers should also regularly review their wage payment practices to stay compliant and avoid disputes as New Jersey’s wage and hour laws are subject to change. In addition, local municipalities may have different wage and hour laws that require a minimum wage higher than the state or federal minimum.

Leave laws

Our state’s leave laws include various types of leave, including bereavement, vacation, jury duty and sick leave. Employers must establish clear policies aligned with these laws to effectively manage employee leave. For example, employers must grant paid sick leave to qualifying employees for specific personal and familial circumstances. The specific personal and familial circumstances include the sickness of the employee themselves or that of their immediate family, like their child, spouse, domestic partner, parent or grandparent.

Hours worked

Defining what constitutes, “hours worked” is crucial. This can include or exclude meals and breaks, meeting time and travel time. Employers must maintain accurate record-keeping and clear policies regarding work hour tracking can help mitigate risks. Make sure that you keep these records for 6 years for each of your employees in case the New Jersey Department of Labor and Workforce Development makes a request.

Employer obligations

New Jersey imposes specific obligations on employers, including posting requirements and safety regulations. Adhering to these obligations in workplace policies can help reduce the likelihood of legal challenges. For example, employers in our state have mandatory state labor law notices where they must post state law notices in a conspicuous and accessible place. These notices include the New Jersey Wage and Hour Law Abstract Poster, Misclassification Notice, Child Labor Law Abstract Poster, etc.

Conclusion

Employment laws are subject to change, and it is vital for businesses to stay updated. New Jersey’s labor laws have evolved over the years, and they continue to evolve. By remaining informed and proactive, business owners can effectively navigate state-specific employment laws, minimizing the risk of litigation and fostering a fair work environment.

 

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