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Women are
104%
more likely to
live in poverty
than white men in
New Jersey
Single-woman led households are at the
highest risk
of poverty in
New Jersey
In
New Jersey
, women earn
$0.65
for every dollar a white man makes
Women in
New Jersey
are
93%
more likely to earn
minimum wage
than white men
Women in
New Jersey
are
51%
more likely to earn a
tipped wage
than white men
In
New Jersey
, at least
68%
of women are essential to the financial security of their household
Generally, the law requires equal pay for substantially similar work, when viewed as a composite of skill effort, and responsibility, based on race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or a typical cellular or blood trait of any individual, and liability for military service.[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on a seniority system, a merit system, or the differential is based on one or more bona fide factors such as training, experience or education, quality or quantity of production. Employers must demonstrate that the factors are not based on and do not perpetuate the differential based on sex or other characteristics of individuals of a protected class, the factors were applied reasonably, that at least one of the factors account for the entire wage differential, and that the factors are related to the position in question and are based on a legitimate business necessity. If there are alternative business practices that could serve the same purpose as the "legitimate business necessity" and do not produce the wage differential, the business necessity does not apply.[2]
· Retaliation: Employers cannot retaliate against employees under the New Jersey Law Against Discrimination (“LAD”). The Equal Pay Act broadens retaliation protections by prohibiting employers from retaliating against an employee who seeks counsel regarding their rights, or shares information with other employees, counsel, or a government entity involving claims for equal pay or any other rights under the LAD.[3]
[1] Diane B. Allen Equal Pay Act, N.J. Stat. Ann. § 10:5-12 (2021).
[2] Diane B. Allen Equal Pay Act, N.J. Stat. Ann. § 10:5-12(t) (2021).
[3] Diane B. Allen Equal Pay Act, N.J. Stat. Ann. §10:5-12(a) (2021).
Yes. The law in New Jersey covers all protected categories (not just gender), it requires equal pay for “substantially similar work” instead of equal pay for “equal work,” and it narrows the broadest affirmative defense. The law replaces the broad “any factor other than sex” with “a bona fide factor other than sex,” which must be job-related and consistent with business necessity.
No. However New Jersey has a pay disclosure bill pending and Jersey City has a local law in place that requires, any employer with a principal place of business in Jersey City and more than 5 employees to include in any job posting a description of benefits and wage ranges, including a maximum and minimum salary and hourly compensation.[1]
[1] Jersey City, N.J., Code of Ordinances § 148-4.1 (Mar. 24, 2022).
Yes. Public employers cannot inquire about an applicant's past or current salary, and cannot use salary history to inform decisions about compensation, salary, or benefits.[1] All employers are prohibited from screening applicants based on salary history (including wages, benefits, and salary) and cannot require an applicant's salary history to abide by a maximum or minimum salary criteria. However, if an applicant voluntarily discloses their salary history, an employer can use their salary history to inform decisions about their salary, benefits, and compensation and ask the applicant to provide written authorization to confirm their salary history after an offer of employment and disclosure and explanation of compensation has been made. Certain exceptions apply.[2]
[1] N.J. Exec. Order No. 1 (Feb. 1, 2018), https://nj.gov/infobank/eo/056murphy/pdf/EO-1.pdf.
[2] N.J. Stat. § 34:6B-20.
Yes. Under the New Jersey Law Against Discrimination, employers cannot take reprisals against employees for discussing or disclosing their pay to other employees (current or past), lawyers, or government officials.[1]
[1] Diane B. Allen Equal Pay Act, N.J. Stat. Ann. § 10:5-12 (2021).
No. Employers generally are not required to report gender-based pay data; however, New Jersey employers who contract with the State of New Jersey for public works or qualifying services must report wage and demographic data for all employees connected to such contract, including their gender.[1]
[1] Diane B. Allen Equal Pay Act, N.J. Stat. Ann. § 10:5-12 (2021); Guidance on the Diane B. Allen Equal Pay Act, Office of the Attorney General State of New Jersey (2020), https://www.nj.gov/oag/dcr/downloads/030220-EqualPay-Act-Guidance-Without-Appendices.pdf.
Yes. Minimum wage in New Jersey is above the federal minimum wage and is adjusted annually to inflation.[1]
[1] New Jersey's Minimum Wage, The New Jersey Department of Labor & Workforce Development, https://www.nj.gov/labor/wageandhour/assets/PDFs/Forms%20and%20Publications/MW-571%20(1-23)%20Min%20Wage.pdf (last visited June 26, 2023).
No. Employers can pay certain tipped workers less than minimum wage.[1]
[1] Id.
Yes. Employers must pay their employees at least semi-monthly. However, employers can pay those in executive or supervisory roles once per month.[1]
[1] Chapter 173, Laws of New Jersey, 1965: Relating To Payment of Wages, New Jersey Department of Labor and Workforce Development, https://www.nj.gov/labor/wageandhour/assets/PDFs/Employer%20Poster%20Packet/mw-17.pdf (last visited June 26, 2023).
Yes. Employers must provide a statement of deductions, gross pay, and net pay to employees each pay period.[1]
[1] Chapter 173, Laws of New Jersey, 1965: Relating To Payment of Wages, New Jersey Department of Labor and Workforce Development, https://www.nj.gov/labor/wageandhour/assets/PDFs/Employer%20Poster%20Packet/mw-17.pdf (last visited June 26, 2023); Wage and Hour Compliance FAQs, New Jersey Department of Labor and Workforce Development, https://www.nj.gov/labor/wageandhour/support/faqs/wageandhourworkerfaqs.shtml (last visited June 26, 2023).
Yes. New Jersey aligns with federal overtime laws.[1] Employers must pay time and a half for any hours worked past the 40 hour threshold, with exceptions for individuals employed in a bona fide executive, administrative, professional or outside sales capacity. Additional exceptions are for: farm laborers, hotel employees, employees of motor bus common carriers, limousine drivers, or livestock related labor.[2]
[1] N.J. Stat. Ann. § 11A:6-24 (2008).
[2] N.J. Admin. Code § 12:56-6.1 (2014); N.J. Stat.Ann. § 34:11-56a4 (2020); Wage and Hour Compliance, New Jersey Department of Labor and Workforce Development, https://www.nj.gov/labor/worker-protections/myworkrights/wages.shtml (last visited June 26, 2023).
Yes. Violations of the New Jersey State Wage and Hour Law will be subject to sanctions.[1] Further, the New Jersey Wage Theft Act (“WTA”) imposes liability on employers for violations. Employees can recover 200% of the claim in liquidated damages for unpaid wages, costs, and fees—in addition to liability for claims of unpaid wages, overtime wages, back pay, and related costs. The WTA also protects employees from retaliation.[2]
[1] N.J. Stat. Ann. § 34:11-56a35 (2003).
[2] N.J. Stat. Ann. § 2C:40A-2 (1999); N.J. Stat. Ann. § 34:11-4.10 (2019).
