As the New Year begins, New Jersey employers are advised to review their employee notices and workplace posters to ensure that they are complying with the most recent state requirements. Of utmost importance is the fact that as of January 1, 2019, New Jersey’s minimum wage has increased to $8.85 dollars per hour. In 2013, New Jersey voters approved an amendment to the state constitution, which requires that the state’s minimum wage rate automatically increase each year to keep up with inflation.
The recent increase is a reflection of that amendment to the state’s constitution. Employers should update their wage and hour posters and policies to reflect this change. A copy of the New Jersey wage poster may be found on the New Jersey Department of Labor Workforce Development website.
Employers are also advised that the statutory minimum wage rate does not apply to:
- full-time students employed by the college or university at which they are enrolled and paid at least 85% of the effective minimum wage rate;
- an outside sales person;
- sales person of motor vehicles;
- part-time employees primarily engaged in the care and tending of children in the home of the employer;
- and minors under 18 unless they are involved in these industries: the first processing of farm products, hotels, motels, restaurants, retail, beauty culture, laundry, cleaning, dyeing, light manufacturing and apparel;
- employees at summer camps, conferences, and retreats operated by any nonprofit or religious corporation or association are exempt from minimum and overtime rates during the months of June, July, August, and September.
Employers should review their existing policies to ensure compliance with applicable federal, New Jersey, and municipal poster requirements. As always, employers should inspect their facilities to determine if any modifications need to be made to comply with posting requirements. Human resources personnel should be trained and advised of the changes to existing laws.
We are of course available to assist in drafting and reviewing such policies, and in advising employers on the new lactation accommodation process.