A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
The New Jersey Wage Payment Law
Timing of Payment
The New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1 to -4.14, is a New Jersey state law which concerns the timing and mode of payment of wages employers pay to employees working in New Jersey. As to the timing of payments, generally, the New Jersey Wage Payment Law requires employers to pay their employees at least twice during a calendar month. (N.J.S.A. 34:11-4.2). When an employee resigns or has been discharged or laid off, any wages due the employee must be paid no later than the regular pay day for the pay period during which the separation occurred (N.J.S.A. 34:11-4.3). In addition, if there is a dispute regarding the amount of wages that are due, the undisputed portion of wages must be paid at the time payment is normally due. An employer and employee may agree to pay wages more frequently than as provided by the New Jersey Wage Payment Law, or to pay wages in advance, but cannot make any other agreements contrary to the timing of wage payments required by the New Jersey Wage Payment Law. (N.J.S.A. 34:11-4.7).
Manner of Payment
As to the mode of payment, an employer may pay employees via direct deposit (N.J.S.A. 34:11-4.2). If an employee dies while being owed wages, the employer must pay those wages to a certain person (N.J.S.A. 34:11-4.5). Further, the Wage Payment Law requires that the employer give employees who earn commissions advance notice to of any change in the manner in which the commissions are calculated. The Wage Payment Law also provides that “employees” can sue their employer for any alleged violations of the Wage Payment Law. See Winslow v. Corporate Express, Inc., 364 N.J. Super. 128, 136 (App. Div. 2003).
The “ABC” Test Determines Who is a Covered Employee vs. an Independent Contractor
The New Jersey Supreme Court recently held that the test for whether someone is a covered “employee” who is entitled to the protections of the New Jersey Wage Payment Law, as opposed to an independent contractor, is the same “ABC” test courts use to determine whether an individual is an employee for purposes of receiving unemployment benefits under the New Jersey Unemployment Compensation Act, N.J.S.A. § 43:21-19(i)(6). Hargrove v. Sleepy’s, LLC, 220 N.J. 289, 303-304 (2015). Under the “ABC” test, an individual who performs services for an employer is presumed to be a covered employee under the New Jersey Wage Payment Law, unless the employer can meet all of the following three tests: (A) the individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact; (B) such service is either outside the usual course of business of the enterprise for which such service is performed, or such service is performed outside of all the places of business of the enterprise for which such service is performed; and (C) the individual is customarily engaged in an independently established trade, occupation, profession or business. Id.; N.J.S.A. § 43:21-19(i)(6). The failure to satisfy any one of the three criteria results in the individual being deemed an “employee” entitled to the protections of the New Jersey Wage Payment Law.
Do you believe your employer has not paid you your proper wages, or failed to pay them when they were due? It’s important to act quickly to find out if you may have a claim under the New Jersey Wage Payment Law. Since every situation is different, an experienced New Jersey employment attorney can help you fully understand your rights under the New Jersey Wage Payment Law.
The attorneys at Hyderally & Associates are ready to help you. They have experience working with the New Jersey Wage Payment Law, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against your employer under the New Jersey Wage Payment Law. Call an experienced employment attorney in New Jersey at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.
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