Millions Recovered
For Unpaid Workers
New Jersey has some of the strongest wage theft protections in the nation. The 2019 Wage Theft Act provides a 6-year statute of limitations (triple the federal period) and up to 200% liquidated damages. If your employer has stolen your wages, New Jersey law is firmly on your side.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
The 2019 New Jersey Wage Theft Act dramatically increased worker protections. You now have 6 years to file a claim (vs. 2-3 years federal), can recover up to 200% of unpaid wages as damages, and employers who retaliate face a $10,000 penalty plus reinstatement. When state and federal laws differ, the law most favorable to the worker applies.
| Provision | New Jersey Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Minimum Wage | $15.92/hr (2026, CPI-adjusted) | $7.25/hr | New Jersey (2x higher) |
| Tipped Minimum Wage | $6.05/hr cash wage (tip credit $9.87) | $2.13/hr (tip credit $5.12) | New Jersey (2.5x higher) |
| Overtime Threshold | 40 hours/week | 40 hours/week | Same (1.5x after 40 hrs) |
| Statute of Limitations | 6 years | 2-3 years | New Jersey (3x longer!) |
| Liquidated Damages | Up to 200% of unpaid wages | Up to 100% of unpaid wages | New Jersey (2x damages) |
| Anti-Retaliation Penalty | $10,000 per violation + reinstatement | Reinstatement + back pay | New Jersey (adds $10K penalty) |
| Exempt Salary Threshold | Follows federal ($684/week) | $684/week ($35,568/year) | Same (federal threshold) |
| Compensable Time (On Premises) | N.J.A.C. 12:56-5.5: ALL time "at place of work" or "on duty" | Portal-to-Portal Act: Only "integral & indispensable" activities | New Jersey (BROADER protection!) |
N.J.S.A. 34:11-56a4
Any time you spend working must be paid, including:
If your employer rounds your time or automatically deducts breaks, you may be owed significant back pay.
N.J.A.C. 12:56-7.1
Being paid a salary does NOT automatically make you exempt from overtime. You must:
Many "assistant managers," IT workers, and salespeople are misclassified and entitled to overtime for all hours over 40.
N.J.A.C. 12:56-5.5
NJ law requires pay for "all time at place of work or on duty"—broader than federal:
In Sadler v. Target (2025), Target paid $4.6M to 13,700 NJ workers for walking time—compensable under NJ but likely NOT under federal law.
N.J.S.A. 34:11-56a4
New Jersey minimum wage is $15.92/hr (2026). Violations include:
With NJ's 6-year statute of limitations, you can recover shortfalls going back years.
N.J.S.A. 34:11-56a4
NJ allows a $9.87/hr tip credit (cash wage = $6.05/hr). Violations include:
Servers, bartenders, and delivery drivers in NJ frequently have tip credit claims.
P.L. 2019, c. 212 (NJ Wage Theft Act)
The 2019 Wage Theft Act added powerful protections:
The Wage Theft Act makes NJ one of the best states for wage recovery.
NJ is home to major pharma companies and healthcare systems:
Commercial and residential construction:
NJ's ports and distribution centers:
Jersey Shore, Newark, and beyond:
Major banks and financial firms in NJ:
Malls and retail centers across NJ:
Under N.J.S.A. 34:11-56a25, you can recover all unpaid wages—including overtime at 1.5x your regular rate—for up to 6 years. This is triple the 2-year federal limit, allowing for significantly larger recoveries for long-term violations.
The NJ Wage Theft Act (P.L. 2019, c. 212) authorizes up to 200% of unpaid wages as liquidated damages. If you're owed $10,000 in back pay, you could recover up to $30,000 total (wages + 200% damages). This is double the 100% available under federal FLSA.
If your employer retaliates against you for filing a wage claim—through firing, demotion, or schedule reduction—you can recover a $10,000 penalty per violation, plus reinstatement, lost wages, and attorney's fees. This powerful deterrent doesn't exist under federal law.
Under NJ law, if you prevail in a wage and hour case, the court must award reasonable attorney's fees. Your employer pays your lawyer's fees separately—they are not deducted from your recovery. This makes it financially viable to pursue even smaller wage claims.
Example: $20,000 in unpaid overtime over 5 years
Under NJ law: $20,000 wages + up to $40,000 damages = $60,000+ recovery
Under federal law (2-year limit): Only ~$8,000 recoverable
The 2019 NJ Wage Theft Act transformed New Jersey into one of the most worker-friendly states for wage recovery. Combined with NJ's higher minimum wage and tipped wage, workers here have significantly more protection than federal law provides.
While Paul M. Botros is licensed in Texas and Florida, we successfully help New Jersey workers recover unpaid wages through our network of experienced NJ employment attorneys. We partner with skilled local counsel to ensure you get both specialized wage and hour expertise and local court advantage.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.