New Jersey · Unpaid wages · Updated Oct 2026

New Jersey wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is New Jersey’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$15.92minimum wage in 2026
$6.05tipped cash wage
Nodaily overtime
Next paydayfinal pay if fired
6 yearstime limit to file (see details)

Where to file in New Jersey

Wage claims in New Jersey go to this state office. Filing is usually free.

Office
New Jersey Department of Labor and Workforce Development (NJDOL), Division of Wage and Hour Compliance
Phone
609-292-2305
Languages
Wage complaint form in Spanish (MW-31S); minimum wage chart and flier in Spanish
Claim limit
Wage Collection hearings handle disputes of up to $50,000, plus any damages the law allows (NJDOL Investigation Process page).
File onlineOfficial wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in New Jersey

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with New Jersey Department of Labor and Workforce Development

    You file a wage complaint with NJDOL's Division of Wage and Hour Compliance. Online is recommended, or you can mail the paper form (MW-31A in English, MW-31S in Spanish) to P.O. Box 389, Trenton, NJ 08625-0389, or fax it to 609-695-1174. Simple cases, like one missing last paycheck, are handled by mail or phone. Larger cases are investigated. Disputes up to $50,000 can go to a Wage Collection hearing, where you do not need a lawyer. Filing is free, you can file anonymously, and someone you trust can help you file.

  4. Watch the deadline

    6 years for unpaid minimum wage, overtime, retaliation and other claims (N.J.S.A. 34:11-56a25.1; NJDOL Worker FAQ).

Minimum wage and overtime in New Jersey

Since January 1, 2026, New Jersey's minimum wage is $15.92 an hour for most employers. It is $15.23 for seasonal employers and small employers (fewer than 6 workers), $14.20 for farm employers, and $18.92 for direct care staff at long-term care facilities (NJDOL MW-571 chart). The rate for most workers rises to $16.48 an hour on January 1, 2027.

Minimum wage (2026)
$15.92
Tipped cash wage
$6.05
Next change
$16.48 on January 1, 2027 (most employers); tipped cash wage $6.61

Overtime

You get 1.5 times your regular pay for every hour you actually work over 40 in a 7-day workweek (N.J.S.A. 34:11-56a4). New Jersey has no daily overtime, and no extra pay is required just for weekends or holidays. You cannot agree to give up overtime. Some salaried executive, administrative and professional employees are exempt.

Paydays: At least twice a month, on regular paydays set in advance. Some executive and supervisory employees may be paid monthly (N.J.S.A. 34:11-4.2).

Your final paycheck in New Jersey

If you are fired or laid off
By the next regular payday for the pay period in which you were fired or laid off.
If you quit
Same: by the next regular payday for the pay period in which you quit. You can ask for it by mail.
Law
N.J.S.A. 34:11-4.3

When was your final paycheck due in New Jersey?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

If you sue for unpaid wages, you can get the wages plus liquidated damages of up to 200% of what you are owed, plus costs and attorney's fees (N.J.S.A. 34:11-4.10(c); 34:11-56a25 for minimum wage and overtime). A first-time employer can avoid liquidated damages only if the error was in good faith and it pays within 30 days. Employers who knowingly fail to pay can face fines and jail (disorderly persons offense), and NJDOL can add administrative penalties (N.J.S.A. 34:11-4.10).

Retaliation and immigration status

Your employer may not fire or punish you for complaining about your pay, filing a claim, testifying, or telling coworkers about their wage rights. If the employer takes action against you within 90 days of your complaint, the law presumes it is retaliation. You can get reinstatement, lost wages and up to 200% more in damages (N.J.S.A. 34:11-56a24, 34:11-56a25, 34:11-4.10).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

NJDOL says it serves all workers regardless of immigration or citizenship status, does not ask about status, and does not share information with immigration authorities (NJDOL File a Wage Complaint page; Worker FAQ).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may not take money from your pay for shortages, breakage, damaged equipment, unreturned property, uniforms or required licenses. Only deductions allowed by state or federal law are permitted (N.J.S.A. 34:11-4.4; NJDOL Worker FAQ). Tipped workers must get at least the tipped cash wage ($6.05 in 2026), and wages plus tips must equal the full minimum wage, or the employer pays the difference.

Good to know in New Jersey

  • NJDOL will not give your name to your employer without your written permission, except in rare cases such as a court order (File a Wage Complaint page).
  • If your employer ignores the claim, a Wage Collection Referee can decide it at a hearing; either side can appeal to Superior Court (Investigation Process page).
  • Independent contractors are not covered by the Division; if you are unsure of your status, file anyway so NJDOL can decide (Worker FAQ).

Forms

Wage-theft calculator for New Jersey

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

New Jersey overtime rule: You get 1.5 times your regular pay for every hour you actually work over 40 in a 7-day workweek (N.J.S.A. 34:11-56a4). New Jersey has no daily overtime, and no extra pay is required just for weekends or holidays. You cannot agree to give up overtime. Some salaried executive, administrative and professional employees are exempt.

Penalties your employer may also owe in New Jersey: If you sue for unpaid wages, you can get the wages plus liquidated damages of up to 200% of what you are owed, plus costs and attorney's fees (N.J.S.A. 34:11-4.10(c); 34:11-56a25 for minimum wage and overtime). A first-time employer can avoid liquidated damages only if the error was in good faith and it pays within 30 days. Employers who knowingly fail to pay can face fines and jail (disorderly persons offense), and NJDOL can add administrative penalties (N.J.S.A. 34:11-4.10).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and New Jersey’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in New Jersey

Where do I file a wage claim in New Jersey?

With New Jersey Department of Labor and Workforce Development (NJDOL), Division of Wage and Hour Compliance. Phone: 609-292-2305. You file a wage complaint with NJDOL's Division of Wage and Hour Compliance. Online is recommended, or you can mail the paper form (MW-31A in English, MW-31S in Spanish) to P.O. Box 389, Trenton, NJ 08625-0389, or fax it to 609-695-1174. Simple cases, like one missing last paycheck, are handled by mail or phone. Larger cases are investigated. Disputes up to $50,000 can go to a Wage Collection hearing, where you do not need a lawyer. Filing is free, you can file anonymously, and someone you trust can help you file.

What is the minimum wage in New Jersey in 2026?

Since January 1, 2026, New Jersey's minimum wage is $15.92 an hour for most employers. It is $15.23 for seasonal employers and small employers (fewer than 6 workers), $14.20 for farm employers, and $18.92 for direct care staff at long-term care facilities (NJDOL MW-571 chart). The rate for most workers rises to $16.48 an hour on January 1, 2027.

Does New Jersey have daily overtime?

You get 1.5 times your regular pay for every hour you actually work over 40 in a 7-day workweek (N.J.S.A. 34:11-56a4). New Jersey has no daily overtime, and no extra pay is required just for weekends or holidays. You cannot agree to give up overtime. Some salaried executive, administrative and professional employees are exempt.

When is my final paycheck due in New Jersey if I'm fired?

By the next regular payday for the pay period in which you were fired or laid off.

When is my final paycheck due in New Jersey if I quit?

Same: by the next regular payday for the pay period in which you quit. You can ask for it by mail.

How long do I have to file a wage claim in New Jersey?

6 years for unpaid minimum wage, overtime, retaliation and other claims (N.J.S.A. 34:11-56a25.1; NJDOL Worker FAQ).

What can my employer owe besides my wages in New Jersey?

If you sue for unpaid wages, you can get the wages plus liquidated damages of up to 200% of what you are owed, plus costs and attorney's fees (N.J.S.A. 34:11-4.10(c); 34:11-56a25 for minimum wage and overtime). A first-time employer can avoid liquidated damages only if the error was in good faith and it pays within 30 days. Employers who knowingly fail to pay can face fines and jail (disorderly persons offense), and NJDOL can add administrative penalties (N.J.S.A. 34:11-4.10).

Can my employer fire me for filing a wage claim in New Jersey?

Your employer may not fire or punish you for complaining about your pay, filing a claim, testifying, or telling coworkers about their wage rights. If the employer takes action against you within 90 days of your complaint, the law presumes it is retaliation. You can get reinstatement, lost wages and up to 200% more in damages (N.J.S.A. 34:11-56a24, 34:11-56a25, 34:11-4.10).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in New Jersey
Sources

Last checked: Oct 2026.

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