Employment · New Jersey
the short answer
Time and a half for every hour past 40 in a week, on the same weekly count the federal rule uses. What makes New Jersey worth using instead is the 2019 Wage Theft Act: six years of back wages rather than the federal two, and liquidated damages of up to 200 percent on top.
source ↗Not yet checked against the statute.
everywhere in the u.s.
in this state
governing statute
N.J.A.C. 12:56-6.1, implementing N.J.S.A. 34:11-56a4
source ↗Not yet checked against the statute.
penalty
The wages owed plus liquidated damages of up to 200 percent of them, with costs and a reasonable attorney's fee (N.J.S.A. 34:11-56a25). A first violation escapes the liquidated damages if the employer shows the breach was an inadvertent good-faith error and pays what is owed within 30 days of notice.
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limit
6 years
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free route
The Division of Wage and Hour and Contract Compliance takes a wage complaint through the Department of Labor's online services portal, and overtime is one of the subjects it names. If the outcome goes against you, the same portal takes an appeal.
source ↗Not yet checked against the statute.
which court
Small Claims section of the Special Civil Part
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small claims limit
$5,000
source ↗Not yet checked against the statute.
exceptions: The Special Civil Part's other docket takes claims up to $20,000. A claim for the return of a security deposit may be filed in either one.
source ↗Not yet checked against the statute.
also
You do not have to start in court. The Commissioner of Labor and Workforce Development can decide a wage claim outright where the sum in controversy is $50,000 or less (R.S. 34:11-58(c)).
source ↗Not yet checked against the statute.
your situation
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unpaid overtime — state by state →other claims in this state →
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