Free New Jersey Labor and Employment FAQs | Free New Jersey Labor and Employment Legal Documents

Am I Entitled To Rest Or Lunch Breaks?

Tue, 29 May 2007 21:19:00 GMT

Mandatory break laws apply only to minors under the age of 18. Minors under the age of 18 must be given a thirty minute meal period after five consecutive hours of work. Company policy dictates break and lunch periods for anyone over the age of 18.

Are All Employees Working In New Jersey Covered By The Laws Enforced By The Division Of Wage And Hour Compliance?

Tue, 29 May 2007 21:19:00 GMT

The Division of Wage and Hour Compliance does not have jurisdiction over state, county or municipal government employees, except under the Child Labor Law. These employees fall under the jurisdiction of the Federal Wage and Hour Division.

Are Certain Occupations Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

Certain potentially hazardous occupations are prohibited for minors based on the age of the minor. For detailed information on prohibited occupations, click on the link below:

Labor Laws for Kids

Are Employers Required To Pay Benefits (Vacation, Sick, Severance, Holiday Pay)?

Tue, 29 May 2007 21:19:00 GMT

Fringe benefits are not required by New Jersey State law, however, if an employer has an established policy the employee may be eligible for benefits.

Are There Limits On The Hours That A Minor May Work?

Tue, 29 May 2007 21:19:00 GMT

Yes. The restrictions are as follows:

Minors Under 16 Years of Age:

May not work more than 3 hours during a day when school is in session.
May not work over 18 hours during a week when school is in session.
May not work over 8 hours a day or 40 hours a week during a school vacation.
May not work after 7 p.m. when school is in session but may work until 9 p.m. (with a parent or guardian's written permission) during school summer vacation (end of school year until Labor Day).
May not work before 7 a.m.
May not work more than 6 consecutive days.

Minors Under 18 Years of Age:

May not work before 6 a.m. or after 11 p.m. during weeks when school is in session.
May work after 11 p.m. during school vacation season or on days not preceding a school day with special written permission of parent or guardian.
May work in restaurant and seasonal amusement occupations after 12 midnight but not beyond 3 a.m. during a regular school vacation season or on days not preceding a school day (provided work began before 11 p.m. the previous day) with special written permission of a parent or guardian.
May not work more than 6 consecutive days.
May not work over 8 hours daily or 40 hours weekly.
Other hours may apply for agricultural occupations, factories, newspaper carriers or theatrical employment.

Are Unemployment Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Unemployment benefits are subject to federal income taxes. Following the end of each calendar year, the New Jersey Department of Labor will provide you with a statement (Form 1099G) of the total amount of benefits you received during the year. This information will also be given to the Internal Revenue Service (IRS).

To help offset future tax liabilities, you may voluntarily choose to have 10% of your weekly unemployment benefits withheld and forwarded to the Internal Revenue Service. If you wish to have federal income tax withheld from your weekly unemployment benefits, please complete and mail the "Instructions for Claiming Dependency Benefits and Requesting Federal Income Tax Withholding" form to your OneStop Career Center (this form will be mailed to you after you file your unemployment claim).

As An Employer, What Are My Responsibilities For Tax And Wage Reporting?

Sun, 30 Mar 2008 19:05:35 GMT

Each calendar quarter, all employers, other than domestic employers, subject to the provisions of the Unemployment Compensation Law are required to file the "Employer's Quarterly Report" (Form NJ927) and "Employer Report of Wages Paid" (Form WR30). Both the Form NJ927 and WR30 must be submitted for the quarters ending

March 31, June 30, September 30 and December 31 of each year. Reports and tax contributions due must be filed by no later than the 30th day of the month immediately following the quarter. The due dates for reports and tax contributions are April 30, July 30, October 30 and January 30. Domestic employers who only employ household workers will file Forms WR30 and NJ927 on an annual basis.

The New Jersey Division of Revenue now offers payroll services the option of filing their customers' "Employer's Quarterly Report" magnetically. If you are interested in filing the Employer's Quarterly Reports magnetically, please contact the Division of Revenue Alternate Filing Branch at: (609)2921730 or click here to visit the Division of Revenue Alternate Filing Branch page.

Can My Employer Fire Me Without Reason Or Notice?

Tue, 29 May 2007 21:19:00 GMT

Yes. New Jersey is an "employment at will" state, meaning that an employer may terminate the relationship at any time, without a reason, without cause. However, if the employee feels that he/she has been discriminated against based on religion, color, sex, national origin, age or disability he/she should contact the New Jersey Department of Law and Public Safety's Division on Civil Rights at (609) 2924605.

How Are Unemployment Benefits Charged To My Account?

Tue, 29 May 2007 21:19:00 GMT

When unemployment benefits are paid to a claimant, a charge equal to the benefit amount is made to the account of the employer for whom the individual worked. If the claimant worked for more than one employer during the period on which the benefits are based, each base year employer is charged proportionally for each benefit payment, which is determined by the amount of wages that the employer paid the claimant during the base year and total wages received during that period. The employer is notified of these charges quarterly on the form B187Q, "Unemployment Benefits Charged to Experience Rating Account."

How Do I File An Initial Claim For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You should always file as soon as possible after you become unemployed. When you file the claim, be sure to have available your Social Security number and the complete name and address of each employer that you worked for in the past 18 months.

You may file your new unemployment claim, or reopen an existing claim, via the Internet if you meet all the following requirements:

You are a New Jersey resident;
All of your employment in the past 18 months was in New Jersey;
You did not work for the Federal Government in the past 18 months;
You were not in the military service in the past 18 months.

If you meet these requirements, and you wish to file your unemployment claim via the Internet, visit the website at:www.njuifile.net.

If you do not wish to file your claim via the Internet, you may file by telephoning your Reemployment Call Center.

Union City	(Serves Northeast New Jersey)	(201) 6014100
Freehold	(Serves Northwest and Central New Jersey)	(732) 7612020
Cumberland	(Serves South Jersey)	(856) 5072340

How Do I File For Continued Weekly Benefits?

Tue, 29 May 2007 21:19:00 GMT

After you file your initial claim, you will receive a Claim for Benefits form to claim your weekly unemployment benefits. The Claim for Benefits form and the unemployment check are attached to one another; the form is actually the check envelope. The date and telephone number to claim benefits will be printed at the top of the form. You will be assigned a Wednesday to call for the first time. After that, you will be asked to call on a specific Monday or Tuesday. If you miss your assigned date, you should call on the Wednesday, Thursday, or Friday immediately following your assigned date. If you don't call as directed, benefits may be delayed or denied.

Your unemployment benefits must be claimed by telephone unless, during the week(s) you are claiming, you:

Returned to fulltime work;
Performed any commission or selfemployment work;
Are entitled to holiday or vacation pay.

How Do I Receive The Quarterly Reports I Must File?

Tue, 29 May 2007 21:19:00 GMT

Each employer is required to file Form NJ927 and Form WR30. Both reports are mailed to each employer automatically, usually by the third business day following the end of the quarter. Should you not receive these reports by the tenth day following the end of the quarter, contact the Division of Revenue Hotline at (609) 2926400. It is the employer's responsibility to file the reports timely.

How Often Must An Employee Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Every employer shall pay the full amount of wages due to his/her employees at least twice during each calendar month, on regular paydays designated in advance by the employer. Each time you are paid you must receive a statement of deductions listing the gross and net wages and all individually itemized deductions from your wages.

Is An Employment Certificate Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

Minors must be at least 14 years of age to be employed in the state of New Jersey, with the exception of employment in agricultural work, newspaper delivery and theatrical occupations. The child labor laws no longer apply when minors reach the age of 18.

An employment certificate is required for all minors under the age of 18. An employment certificate can be obtained from the issuing officer of the school district where the minor resides, or of the district in which the minor has obtained a promise of employment if the minor is a nonresident of the State. A minor needs new working papers every time he/she changes a job.

For additional information, click on the link below:

About Working Papers

What Are The Criteria That Determine Liability For Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

If you start a business and employ one or more individuals and pay wages of $1,000 or more in a calendar year, you may be subject to the law.

If you acquire the organization, trade or business, or substantially all the assets of an employing unit which is already subject to the law, you immediately become a subject employer.

If you are subject to the provisions of the Federal Unemployment Tax Act, you automatically become subject under the law, unless the services performed are specifically excluded under the New Jersey law. An employing unit is generally subject to FUTA if it had covered employment during some portion of a day in 20 different calendar weeks within the calendar year or had a quarterly payroll of $1,500 or more.

NOTE: Agricultural Employers You are liable for contributions on wages paid to agricultural employees if:

You were already a registered employer, or
Not registered, you were or became subject to the Law, having paid wages of $1,000 or more in a calendar year to one or more workers for services performed in a nonagricultural business operation, or
You acquired the organization, trade or business, or substantially all the assets of an employing unit already subject to the law, or
You are subject to the Federal Unemployment Tax Act or
Not subject under the above provisions, you:
1. Paid gross cash remuneration of $20,000 or more to individuals employed in agricultural labor during any calendar quarter or
2. Employed ten or more individuals in agricultural labor, regardless of whether they were employed at the same moment of time, for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive.

Domestic Employers In order for you to become subject to the law, you must have paid gross cash remuneration of at least $1,000 to domestic labor in a calendar quarter.

What Are The Eligibility Requirements For A Reimbursement Account?

Tue, 29 May 2007 21:19:00 GMT

An organization must be defined as nonprofit as described in section 501(C)(3) of the Internal Revenue Code and be exempt from Income tax under section 501(A) of the Internal Revenue Code to be eligible to become a reimbursement account.

A nonprofit organization that elects to reimburse the unemployment trust fund for benefits paid to its former employees is required to furnish proof of financial responsibility or file a surety bond with the New Jersey Department of Labor.

A newly subject employer must submit a written notice of intention to apply for the reimbursement option to the Division of Employer Accounts within 120 days of the date status is attained, or no later than 30 days from the date on which such an organization is notified of its subjectivity, whichever is later.

After reporting a nonprofit contributory employer for a minimum of two calendar years, you may choose the reimbursement option of benefit payment by filing a written notice to that effect with the Division of Employer Accounts no later than February 1 of any calendar year.

For additional information, please contact the Division of Employer Accounts: Employer Status Unit.

What Are The Eligibility Requirements?

Tue, 29 May 2007 21:19:00 GMT

To be eligible for benefits, you must have earned at least $103 in each of 20 weeks, or a total of $5,200 in employment that is covered under the New Jersey Unemployment Law. These earnings must have been earned during a period of time called your Base Period. The Base Period is the first four calendar quarters of the last five completed calendar quarters before the date of your claim. If you do not have enough earnings during your regular base period to qualify for a claim, earnings in other base year periods will be reviewed.

Unemployment benefits can be paid to you only if you are unemployed through no fault of your own. To continue to receive benefits, you must be physically and mentally able to work, available for work and actively seeking work

What Can I Do If I Disagree With A Denial Of Benefits?

Mon, 04 Jun 2007 21:51:22 GMT

If you disagree with a determination, you have the right to file an appeal. Your appeal rights are printed on each determination you receive. A determination becomes final unless a written appeal is filed within seven calendar days after delivery or within ten calendar days after the mailing of the determination.

To file an appeal, you may either mail or fax your appeal to the office whose address and fax telephone number are printed on the determination. Your appeal letter must include your name, Social Security number, and address. In addition, give your reasons for disagreeing with the determination and, if you file late, the reason for the delay.

An Appeal Tribunal hearing will be scheduled and all interested parties will be notified. The hearing may be conducted inperson or by telephone. If you wish, an attorney or a nonattorney may represent you at the hearing. You can also include witnesses. A decision will be made on the evidence and sworn testimony presented at the hearing.

While you are waiting for the appeal hearing, continue to claim your weekly unemployment insurance benefits by telephone or by mail. This action gives you credit for these weeks pending the results of the hearing.

If you lose the appeal, you have the right to appeal again to the Board of Review.

Your former employer also has the right to appeal determinations made on your claim that deal with the reason why you are not working and the amount of your benefits. If your employer appeals and wins, you may be required to repay all or part of your unemployment insurance benefits.

What Can I Do If My Employer Does Not Pay Me All The Money I Am Owed?

Mon, 04 Jun 2007 21:51:22 GMT

You can file a Wage Complaint form (MW31A) for monies due. Contact the Division of Wage and Hour Compliance at (609) 2922337. Once completed the form should be mailed to the address listed at the top of the form.

What Is The Weekly Benefit Amount?

Tue, 29 May 2007 21:19:00 GMT

The amount of unemployment benefits you may receive each week is your Weekly Benefit Rate (WBR). The amount will be 60% of the average weekly earnings during your base year period, up to a maximum of $482.

The maximum amount may change each year. If you are not entitled to the maximum amount of weekly benefits, you may be able to increase your entitlement with Dependency Benefits. You may be entitled to receive an extra 7% of your Weekly Benefit Amount for your first dependent, and an extra 4% for each of the next two dependents. The most you can collect is an extra 15% for three dependents.

The total amount of benefits you may collect is called your Maximum Benefit Amount (MBA). Generally, for every 4 weeks you worked during your base year period, you may be entitled to 3 weeks of benefits, up to a maximum of 26 times your Weekly Benefit Rate.

What Specific Information Is Required From Employers On Wage Reports?

Tue, 29 May 2007 21:19:00 GMT

Each employee must report the following data:

The employee's Social Security Number,
The employee's name,
The employee's gross wages paid during the quarter, and
The number of base weeks earned by the employee during the quarter.

What Will Happen If I Am Overpaid?

Tue, 29 May 2007 21:19:00 GMT

If you receive any unemployment benefits to which you are not entitled, you will be required to return any benefits received. If benefits were paid to you in error, you will receive a notice stating the amount you were overpaid and why you were not entitled to the benefits.

If you cannot afford to repay the amount of money you owe in full, you can arrange to pay monthly. For further information, contact the Benefit Payment Control Unit, (609) 292 0030. However, if you are eligible for unemployment benefits, no payments can be issued until the refund is cleared.

What is the minimum wage in New Jersey?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage in New Jersey is $7.15 per hour.

When Does An Employer Have To Pay Final Wages To A Terminated Employee?

Tue, 29 May 2007 21:19:00 GMT

The employer may wait until the next regular payday designated for the pay period regardless of whether the employee quit or was fired.

When Is Overtime Pay Due?

Tue, 29 May 2007 21:19:00 GMT

Overtime is paid at the rate of time and one half after forty hours of actual work in a sevenday workweek, with the exception of certain salaried employees who meet the definition of an executive, administrative or professional.

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