New Jersey Wage and Hour Investigations laws & compensation compliance analysis

New Jersey Wage and Hour Investigations: What you need to know

Investigators from the state Department of Labor are empowered by state law to enter and inspect workplaces, question employees, and investigate the facts of a wage complaint as they deem appropriate to determine whether there has been a violation of wage and hour laws. Investigators may question employees under oath; issue subpoenas; require the production of papers, books, accounts, records, payrolls, documents, and testimony; and take depositions and affidavits in any proceeding before the commissioner (NJ Rev. Stat. Sec. 34:11-4.9).
For a Limited Time receive a FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with customized information for your industry, location, and job. Get Your Report Now!
Misdemeanors. Employers may be guilty of a misdemeanor offense for:
• Willfully hindering or delaying the labor department's investigation;
• Falsifying records;
• Refusing to make requested records accessible;
• Refusing to provide a sworn statement;
• Paying or agreeing to pay wages at a rate less than the applicable rate; or
• Otherwise violating any provision of New Jersey's wage and hour laws.
Violations are punishable by a fine of up to $1,000, imprisonment, or both.
Administrative penalties. Administrative penalties also may be assessed against employers--up to $250 for a first violation and up to $500 for each subsequent violation. The following factors are considered when determining the penalty amount:
• History of previous violations by the employer
• Seriousness of the violation
• Good faith of the employer
• Size of the employer's business
Discharge or discrimination against employee making complaint. No employer may discharge or in any other way discriminate against an employee for making a complaint or participating in a wage and hour investigation. Such an offense is punishable by a fine of $100 to $1,000. The employer must offer to reinstate the ...

Read more about Wage and Hour Investigations

New Jersey Wage and Hour Investigations Resources

Type Title
White Papers Increased Complaints, Enforcement, Warrant FLSA Changes
See all Wage and Hour Investigations Resources