New Jersey takes a proactive stance on employment law, combining some of the nation’s strongest worker protections with clear expectations for employer compliance. From paid leave and wage equity to mandatory retirement plans and job loss notifications, the state’s legal framework is detailed and far-reaching.
When it comes to talent and workforce management, New Jersey-based employers need to comply with the following state employment laws:
The below information was last updated May 7, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
New Jersey currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), New Jersey can pass a right-to-work law in the future if it chooses.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| New Jersey Minimum Wage | The state of New Jersey uses its own minimum wage rate of $15.49, including a tipped minimum wage rate of $5.62 for employees who earn tips with their base pay. The minimum wage is adjusted annually based on a set formula. Note: New Jersey also has minimum wage rate provisions for small employers and agricultural workers. |
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New Jersey Overtime Pay Laws |
According to the state’s Department of Labor and Workforce Development, overtime pay in New Jersey is calculated at time and one half after forty hours of actual work in a seven-day workweek. |
| New Jersey Pay Equity Law | Under the Diane B. Allen Equal Pay Act, employers in New Jersey can’t pay any of their employees who are a member of a protected class a rate of compensation (including benefits) that’s less than the rate paid by the employer to employees who aren’t members of the protected class for substantially similar work, when viewed as a composite of skill, effort, and responsibility. Protected classes include race, creed, color, national origin, nationality, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or liability for service in the armed forces. |
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New Jersey Pay Transparency Law |
In November 2024, New Jersey passed the New Jersey Pay Transparency Law and became one of 14 states (plus Washington D.C.) to have pay transparency laws. Employers with 10 or more employees must disclose compensation and benefits in job postings and when announcing promotional opportunities. |
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New Jersey Final Paycheck Law |
In New Jersey, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday. |
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New Jersey PTO Payout Laws |
New Jersey doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies. |
| New Jersey Paid Sick Leave (PSL) | New Jersey currently requires all employers in the state to provide full-time and part-time employees with 40 hours of paid, protected sick leave under its Earned Sick Leave Law. Eligible employees accrue one hour for every 30 hours worked. |
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New Jersey Paid Family and Medical Leave (PFML) |
New Jersey is one of over a dozen states with PFML programs. Under these programs, employers must deduct payroll taxes for employees working in New Jersey or provide employees coverage through a private insurance plan that meets state requirements.
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| New Jersey Maternity Leave | New Jersey doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Employees typically rely on a separate type of employer-provided leave, the federal Family and Medical Leave Act (FMLA), or a state-mandated PFML program to obtain maternity leave. |
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New Jersey Voting Leave Law |
New Jersey currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
New Jersey, however, also adopted and imposes additional, OSHA-approved regulations for public employees that meet or exceed those federal standards. New Jersey’s State OSHA Plan is overseen by the New Jersey Department of Health.
New Jersey currently has no work break laws or regulations.
As described by the New Jersey Law Against Discrimination and enforced by the New Jersey Division on Civil Rights, employers in New Jersey are prohibited from discriminating against employees based on:
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New Jersey also requires employers to comply with specific anti-harassment mandates, also outlined in the New Jersey Law Against Discrimination. Employers must, for example, take reasonable steps to stop harassment if they knew or should have known about it.
New Jersey doesn't, however, require employees to complete any harassment or discrimination training courses.
| New Jersey Non-Compete Agreement Laws | New Jersey is one of several states that limit the use of non-compete agreements. Such employment agreements are generally found reasonable if they protect legitimate employer interests, impose no undue hardship on the employee, and are not injurious to the public. |
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New Jersey Retirement Plan Laws |
New Jersey is one of a handful of states with a mandatory retirement plan law. The RetireReady NJ program requires employers with 25 or more employees to participate in the plan if they don’t already offer their own qualified retirement savings plan. |
| New Jersey Lactation Laws | New Jersey’s Law Against Discrimination requires all employers to provide all breastfeeding employees break time and an appropriate space (other than a bathroom) to pump at work, including employees who are surrogates or who’ve experienced a pregnancy loss. |
| New Jersey Layoff Laws | As regulated by the state’s Department of Labor & Workforce Development, the Millville Dallas Airmotive Plant Job Loss Notification Act requires employers to provide a notice of mass layoff triggering that differs from the Federal WARN Act. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
