The New Jersey Wage Payment Law governs the time and mode of payment of wages due to employees. Generally, an employer:
* must pay an employee at least twice during a calendar month;
* may deposit the wages due to an employee directly into an account maintained by the employee in a financial institution;
*must pay any wages due to an employee who has resigned or been discharged or laid off no later than the regular payday for the pay period during which the separation occurred;
*must pay to a certain person or persons all wages due a deceased employee;
*may not enter any agreement with an employee for the payment of wages except as provided by the statute other than to agree to pay wages more frequently than prescribed by the New Jersey Wage Payment Law or to pay wages in advance;
*in the event of a dispute regarding the amount of wages due, the employer must pay all wages conceded to be due at the time payment is expected; and
*must give advance notice to any employee paid on a commission basis of any change in the method by which the commission is calculated.
The New Jersey Wage and Hour Law is designed to protect employees from unfair wages and excessive hours. The New Jersey Wage and Hour Law establishes not only a minimum wage but also an overtime rate for each hour of work in excess of forty hours in any week for certain employees. The current minimum wage for employees is $8.38 with exceptions for tipped employees, student workers and other exempt occupations. The Wage and Hour law does not prescribe the minimum wage or overtime rate payable to independent contractors.
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