What Does At-Will Employment Mean in New Jersey?
Fortunately, most employers in Gloucester County and throughout New Jersey truly care about our right to make a living. Unfortunately, there are times when employers dispute with workers about the pay they are entitled to, and oftentimes, employers do so knowing that they are wrong, either to save money, spite their employees, or otherwise. This is when it’s time to discuss your situation with an experienced New Jersey wage and hour lawyer.
Many employees throughout the United States are protected under the Fair Labor Standards Act. Essentially, this Act determines the minimum wage for all those in the workplace, as well as overtime pay standards. However, due to the complexity of these laws, it can become quite complicated to determine whether your employer is taking advantage of you or not. Not all employees are protected under the law, which is why if you believe your employer is not abiding by the rules set out in the Fair Labor Standards Act, you may have a valid claim. Please continue reading and contact an employment lawyer from The Vigilante Law Firm, P.C. to learn more.
The Fair Labor Standards Act (FLSA) is a federal law that determines the minimum wage and other wage standards for employees throughout the United States. As of now, the federal minimum wage is currently $7.25 an hour. However, in New Jersey, state law sets a higher minimum wage that generally applies to most workers. As of January 1, 2026, the minimum wage in New Jersey is $15.92 per hour for most employees, though different rates may apply to certain seasonal or small-employer workers. However, you should note that there are various employers in New Jersey that are not subject to the FLSA, though many of these employees are still protected under New Jersey wage and hour laws.
Additionally, tipped employees in New Jersey must receive a higher direct cash wage than the federal tipped minimum wage. As of 2026, tipped employees in New Jersey must receive at least $6.05 per hour in direct wages, with tips bringing their total earnings to at least the full state minimum wage. For example, if you are a tipped employee, such as a waiter at a restaurant, you may only receive a minimum wage of $6.05 per hour in direct wages in New Jersey, provided your tips bring you to at least the applicable state minimum wage.
In other cases, the FLSA allows employers to pay student learners, as well as full-time students in retail or service establishments, or institutions of higher education, below the minimum wage as well. There are various other workers who are exempt from the minimum wage under the FLSA, including the following:
The Fair Labor Standards Act also governs the overtime laws for all those who qualify for overtime pay. If you work more than 40 hours per week in a qualifying job, you should receive 1.5 times the amount of your regular pay. However, federal law does not generally require overtime pay simply for working on federally declared holidays, though some employers may choose to offer this benefit. That being said, there are many jobs that are exempt from receiving overtime pay, such as the following:
If you have any questions concerning whether your job qualifies for overtime pay, feel free to ask your employer, and if you believe you are being wrongly denied overtime pay, do not hesitate to give us a call today.
Unfortunately, wage & hour disputes are not rare occurrences. However, you can have peace of mind once you hire an experienced New Jersey wage & hour disputes attorney who has the knowledge and understanding of employment law needed to defend your rights. Contact The Vigilante Law Firm, P.C. today so an experienced New Jersey wage and hour lawyer can get started.
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