The New Jersey employment law guide

Breaks

According to the State of New Jersey, all minors are prohibited from working more than 6 days in a row. All minors must be given a meal break of 30 minutes after 5 continuous working hours.

Minors 14 and 15 years of age

During school weeks, they may work no more than 18 hours a week, no more than 3 hours per day on school days, no more than 8 hours per day on the weekends. They may only work between the hours of 7 a.m. and 7 p.m.

During non-school weeks, they may work no more than 40 hours per week, no more than 8 hours per day, no more than 6 consecutive days in a pay week. They may not work before 7 am or after 7 pm during school year. They may work between the hours of 7 a.m. and 9 p.m. from the last day of school to Labor Day with written permission from a parent.

Minors 16 and 17 years of age

During both school weeks and non-school weeks, they may work no more than 40 hours per week, no more than 8 hours per day, no more than 6 consecutive days in a pay week. They may work between the hours of  6 a.m. and 11 p.m. On Fridays and Saturdays or days not followed by a school day, they may work between the hours of 6 a.m. and midnight.

In restaurants and seasonal amusements, they may work until 3 a.m. with written permission from a parent.

New Jersey Discrimination

Federal law makes it illegal for an employer to discriminate on the basis of: Race, Color, Age, Sex, Sexual orientation, Gender, Gender identity, Religion, National origin, Pregnancy, Genetic information, including family medical history, Physical or mental disability, Child or spousal support withholding, Military or veteran status, Citizenship and/or immigration status.

Additionally, New Jersey law makes it illegal to discriminate on the basis of: Use of a service animal; Marital status, including domestic partnerships and civil unions; Atypical hereditary cellular or blood trait; Unemployment status; Exercise of civil rights; Wage garnishment for consumer debt; Source of lawful income for rent or mortgage payments; AIDS/HIV; Display of the American flag in the workplace; Status as a smoker or non-smoker.

Employers may not require employees to attend or participate in any communications about religious or political matters. Employers also have an obligation under state law to accommodate employees’ religious beliefs, such as allowing time off for religious holidays or the Sabbath.

Under the New Jersey Law Against Discrimination, New Jersey employers must provide reasonable accommodations upon the request of a pregnant employee. This requirement goes beyond the ADA and federal Pregnancy Discrimination Act (PDA) requirements. The employee’s request must be based upon physician advice and the employer will not be required to provide the accommodation if they can show that doing so would cause an undue hardship.

New Jersey law makes it illegal to pay employees in a protected class less than those who are not when they do substantially similar work. An employee does not need to be paid less because they are part of protected class for a violation to occur – intent is not necessary. To determine if work is substantially similar, employers should consider the skill, effort, and responsibility required

Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.

New Jersey Termination laws

New Jersey is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action.

In the case of layoffs or workforce reductions, New Jersey has notice and severance payment requirements for certain employers going through business closings and mass layoffs. These requirements apply to employers that have been in business for at least three years and have at least 100 full-time employees. These employers must provide 60 days’ written notice to the following people or entities:

Commissioner of Labor and Workforce Development
The chief elected official of the municipality where the business is located
Each affected employee
Any collective bargaining unit of employees

A “mass layoff” means a reduction in force that results in job loss for at least 30 days of at least 50 employees (if they comprise one-third of all employees) or 500 employees (regardless of proportion of the workforce). If the employer does not provide notice at least 60 days in advance, they must pay severance pay equal to one week of pay for each full year of employment.

The notice must contain the following information: The number of affected employees; The date(s) of the mass layoff or closing; The reasons for the mass layoff or closing; Whether work is available to employees at another site or establishment of the employer and, if so, information regarding the benefits, pay, and other terms and conditions of that employment and the location of the available work; Whether employees are entitled to wages, severance pay, benefits, pension, or other terms of employment as they relate to the mass layoff or closing; The amount of any severance pay. The notice must also include a statement of the following employees’ rights: The response team services regarding information, referral, and counseling about public programs that might delay or prevent the closing or mass layoff; Public programs and benefits to assist employees; Employee rights based on law.

New Jersey Record-Keeping Laws

Regarding employment and payroll data, under the Fair Labor Standards Act (FLSA) and others, you must:

For at least 3 years: keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, and sales and purchase records. Also keep completed copies of each employee’s I-9 for three years after they are hired. If the employee works longer than three years, hold on to the form for at least one year after the employee leaves.

For at least 2 years: Keep basic employment and earning records like timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages. Also keep the records that show why you may pay different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements.

For at least 1 year: The Equal Employment Opportunity Commission says employers should keep all employment records for at least one year from the employee’s date of termination.

Other record-keeping laws that may apply to you:

Under the Occupational Safety and Health Act, you need to keep records of job-related injuries and illnesses for five years. But some records, like those covering toxic substance exposure, have to be kept for 30 years.

You must keep files of benefit plans and seniority and merit systems while they are in effect and for at least a year after they end. You must also retain summary descriptions and annual reports of benefits plans for six years.

If your company is covered by the Family and Medical Leave Act, you must also retain relevant records of leaves, notices, policies, and more for three years.