The minimum wage increased to $9.50 per hour on July 1, 2023. Under New Jersey law, no one under 18 years of age can work more than 8 hours a day or 40 hours a week. 2. (g) "Guillotine shear" shall mean a machine equipped with a movable blade operated vertically and used to shear materials. All occupations on the killing floor, in curing cellars, and hide cellars, except the work of messengers, runners, hand-truckers, and similar occupations which require entering such workrooms or workplaces infrequently and for short periods of time; 2. "Professional employment" means employment for pay as an actor or performer in a theatrical production.b. New Jersey Minimum Wage Laws - 2023 - Employment Law Handbook 34:2-21.59 . Premium Pay After Designated Hours: Daily - 8, Weekly - 40, and on statutory rest day (time-and-a-half). If a settlement cannot be reached, the case will be forwarded to the Office of Administrative Law for a formal hearing. ), as amended), the planting, transplanting and care of trees and shrubs and plants, the raising of livestock, bees, fur-bearing animals or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market, provided that such practices shall be performed in connection with the handling of agricultural or horticultural commodities the major portion of which have been produced upon the premises of an owning or leasing employer. A request for a formal hearing must be received within 15 business days following the receipt of the notice. OCCUPATIONS PROHIBITED TO MINORS UNDER 18 YEARS OF AGE, Radioactive substances and ionizing radiation, Circular saws, band saws, and guillotine shears, Slaughtering and meat packing establishments; rendering plants; wholesale, retail or service establishments, SUBCHAPTER 5. Any wage rate above $4.25 an hour may be paid to eligible workers during this 90-day period. 2. No person shall be eligible for membership in the Junior Firemen's Auxiliary who is less than 14 or more than 21 years of age. The Department of Education shall deliver a copy of each application to the Department of Labor. An employer permits or suffers any minor to be employed or to work in violation of the Act; or. The employer shall have the permit available for inspection at all times at the place of employment. "Structure" shall mean an assembly of materials forming an object for occupancy or use including among others stadiums, stagings, observation towers, storage tanks, trestles, wharves, boats and ships. Radium is stored or used in the manufacture of self-luminous compounds. You can use this site to find your state's current minimum wage rate . NJ minimum wage increases to $13 an hour for many workers, but these (b) "Apprentice" means a person: 1. 4. Employees entitled to greater rights or benefits who were hired prior . Any sum collected as a fine or penalty pursuant to this section shall be deposited in the Child Labor Law Enforcement Trust Fund established pursuant to subsection c. of this section. Concurrent with all other provisions of P.L.1940, c. 153 (C. 34:2-21.1 et seq. (b) "Power driven machinery" shall include: 1. In any municipality or fire district in this State maintaining a volunteer fire department or where there shall exist one or more incorporated volunteer fire companies affording fire protection to said municipality or fire district the membership whereof are serving under the jurisdiction of and with the consent of said municipality or fire district, it shall be lawful for the governing body of such municipality, or the board of commissioners of such fire district to provide, by ordinance or resolution, for the establishment of an auxiliary to any such volunteer fire department or company to be known as the Junior Firemen's Auxiliary. (a) As an alternative to, or in addition to, any other sanctions provided for in N.J.A.C. Hiring minors or individuals under 18 years of age is a common practice among small business owners, especially during the summer months when high school students who are at least 14 years old (the federal minimum employment age) are out of class and looking to work while they're on break. Otherwise it shall be a disorderly persons offense and the defendant shall, upon conviction for a violation, be punished by a fine of not less than $100 nor more than $2,000 for an initial violation and not less than $200 nor more than $4,000 for each subsequent violation. (c) "Pesticide" means and includes any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses on or in living man or other animals. 34:2-21.1 et seq. 7. Seasonal and small businesses (fewer than 6) is $12.93, and agriculture workers: $12.01. 501(c)(3). OCCUPATIONS PROHIBITED TO MINORS UNDER 16 YEARS OF AGE, SUBCHAPTER 4. Whose work is intermittent and of short duration and under the direct and close supervision of a craftsperson; and. No administrative penalty shall be levied pursuant to this section unless the Commissioner of Labor and Workforce Development provides the alleged violator with notification of the violation and of the amount of the penalty by certified mail and an opportunity to request a hearing before the commissioner or his designee within 15 days following the receipt of the notice. Generally, the New Jersey law falls in line with the federal Fair Labor Standards . (b) The employment covered under this section shall not require or involve work in, about, or in connection with employments prohibited by P.L.1970, c. 115 (C. 34:2-21.15) and P.L.1973, c. 204 (C. 34:2-21.17) of the child labor laws. (b) This subchapter shall not apply to apprentices and student learners engaged in cooperative vocational education programs. The employer must meet all 6 of these requirements in order to have an unpaid intern. 104-174 amending Section 13(c) of the Fair Labor Standards Act, 29 U.S.C. ADDITIONS TO WAGES The past history of previous violations by the employer; 4. c. Activities of junior firemen under 16 years of age shall be limited to (1) attending meetings of the Junior Firemen's Auxiliary; (2) receiving instruction; (3) participating in training that does not involve fire, smoke, toxic or noxious gas, or hazardous materials or substances; and (4) observing firefighting activities, while under supervision. Registered by the Bureau of Apprenticeship and Training of the U.S. Department of Labor as employed in accordance with the standards established by that Bureau or is registered by a State agency as employed in accordance with the State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, or is employed under a written apprenticeship agreement and conditions which are found by the Secretary of Labor to conform substantially with such Federal and State standards. The failure of any employer to produce for inspection such employment certificate, or the presence of any minor under eighteen years of age in his place of work at any time other than that specified in the posted schedule of hours required by this act, shall be prima facie evidence of the unlawful employment of the minor. Such permission shall be in writing and acknowledged or proved in the manner required by law for deeds to real estate to be recorded. (a) Minors under 18 years of age shall not be employed, permitted or suffered to work in any workroom where exposed to radioactive substances or to ionizing radiation. 34:2-21.57 et seq. Employer requirements Permitted and illegal jobs for minors Examples of jobs for minors Minimum Wage Overtime Paid sick time Safety and health Workers' Compensation (c) "Issuing officer" means any superintendent of schools, supervising principal, or teacher in a school district who is designated by the board of education in the district to issue certificates or permits in accordance with the provisions of this act. For official text consult the New Jersey Statutes Annotated and the New Jersey Administrative Code. Minors may also engage in employment in domestic service performed outside of school hours or during school vacations with the permission of the minor's parents or legal guardian, in a residence other than the minor's own home. There are several exemptions to both federal and state minimum wage law, including employees who recieve tips, students and minors, and several others. That under no circumstances shall a minor be permitted to work in a community recycling center that is in any way associated with a profit making commercial enterprise other than to sell the recyclable products referred to in subsection a.;c. That no minor shall operate, perform maintenance, clean, inspect or work in, about, or in connection with any power driven machinery involved in the recycling process;d. That no minor shall work in a community recycling center without the safety equipment required by law;e. That no minor shall be permitted to work as a volunteer at a recycling center except under the direct supervision of an adult;f. That no minor shall handle or be exposed to hazardous waste products or other hazardous substances; andg. On January 1, 2009, the state of Florida increased its minimum wage from $6.79 to $7.21. Upon request, it shall be the duty of the issuing officer to issue to any young person between the ages of eighteen and twenty-one years residing in his district and applying in person, who expresses a desire to enter employment, an age certificate upon presentation of the same proof of age as is required for the issuance of employment certificates under this act. Permits may be renewed upon application. Acquiring a New Jersey Employment Certificate: (d) In the case none of the aforesaid proofs of age shall be obtainable and only in such case, the issuing officer may accept the school record or the school-census record of the age of the minor together with the sworn statement of a parent or guardian as to the age of the minor and also with a certificate signed by the physician or advanced practice nurse authorized to sign the statements of physical fitness required by this section, specifying what in his opinion is the physical age of the minor. Nothing in this section shall apply to the employment of minors in agricultural pursuits or in domestic service in private homes, or as newspaperboys as provided in this act. Any other factors which the Commissioner deems to be appropriate in the determining of the penalty assessed. (g) If the Commissioner does not authorize such a re-scheduled hearing, then the Commissioner shall issue a final agency determination effective upon the date set for the original hearing. (a) This chapter shall not apply to apprentices and student learners that are in a cooperative vocational education program. This pay bump comes courtesy of legislation Gov. Minors who are age 14 to 17 years of age shall be permitted to work as volunteers for nonprofit organizations engaged in the construction of affordable housing in accordance with N.J.S.A. (d) The Commissioner shall make the final decision of the Department. Employed under a written agreement which provides that:i. The state minimum wage is higher than what's required under the Fair Labor Standards Act, so employers in New Jersey should be sure to pay the higher rate. (a) The purpose of this chapter is to define and clarify certain sections of the child labor statutes. No minor under 16 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation at any time; provided, that minors between 14 and 16 years of age may be employed, permitted or suffered to work outside school hours and during school vacations but not in or for a factory or in any occupation. (a) When the Commissioner assesses an administrative penalty under N.J.A.C. The employment of any minor in violation of the Act shall, with respect to each minor so employed, constitute a separate offense. 34:2-21.1 et seq., when the Commissioner finds that an employer has violated that Act, the Commissioner is authorized to assess and collect administrative penalties in the amounts that follow: 1. (i) "Seasonal amusement" means any exclusively recreational or amusement establishment or business which does not operate more than seven months in any calendar year or which has received during any consecutive six months of the preceding calendar year average receipts equal to or less than 33 1/3 percent of its average receipts for the other six months of that year. Where there is no physical workplace location and where all . An attended or unattended standard type passenger elevator. 2. j New York's minimum wage is indexed for inflation but is capped at $15.00 per hour. State Minimum Wage Laws; State Labor Law Topics; State Labor Offices; Resources for State and Local Governments; . If an employee turns 20 during the 90-day period, their pay must be raised to no . Every employer receiving an employment certificate shall within two days after termination of the employment return said certificate to the person issuing it. Thus your tips need to reach up to $8.85. The user is on notice that neither the State of NJ site nor its operators review any of the services, information and/or content from anything that may be linked to the State of NJ site for any reason. a. Whoever employs or permits or suffers any minor to be employed or to work in violation of this act, or of any order or ruling issued under the provisions of this act, or obstructs the Department of Labor and Workforce Development, its officers or agents, or any other person authorized to inspect places of employment under this act, and whoever, having under his control or custody any minor, permits or suffers him to be employed or to work in violation of this act, shall be guilty of an offense. 7. (a) This subchapter shall apply to occupations prohibited to minors under 18 years of age, except as provided in (b) below. 1. Copies of the referenced standards may be obtained from the organizations listed below. The Department of Education and the Department of Labor shall prescribe forms and regulations concerning applications for and issuance of permits and certificates and the Department of Labor may issue regulations concerning the administration and enforcement of this act and, notwithstanding any provisions of law to the contrary, after consultation with the Department of Education, shall prescribe special safeguards governing the working conditions, supervision and education of minors under the age of 16, with particular attention to minors under the age of 6 years not inconsistent with the purposes of this act. The current minimum wage in New Jersey is $13 for employers with 5 or more employees, $11.90 for employers with fewer than 5 employees and seasonal employees, and $10.90 for agricultural employees. Business.NJ.gov | Employer Requirements - Government of New Jersey A water-alcohol solution containing 24 percent or less alcohol. New Jersey Labor Laws: Minimum Wage, Overtime, Hours And Leave Laws (c) "Operator" shall mean a person who operates a machine by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in operation of the machine. Self-luminous compounds are stored, used or worked upon. (a) Minors under 18 years of age shall not be employed in construction work, except as provided in (b) below. In New Jersey, the minimum wage must be increased by the increase in the percentage of the cost of living. The size of the employer's business; and. 1141 et seq. That under no circumstances shall a minor be permitted to work in a project involving the construction of affordable housing that is in any way associated with a profit making commercial enterprise;b. If any provisions of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provisions to other persons or circumstances shall not be affected thereby. The weekly minimum wage in NJ comes up to $565.20 / 40-hours a week. (c) "Cooperative vocational education program" means a program of vocational education approved by the State Department of Education for persons who, through written cooperative arrangements between the school and the employer, receives instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, but these two experiences are planned and supervised by the school and employer so that each contributes to the education and employability of the student. Municipalities and Counties - Junior Firemen's AuxiliaryPlease be advised that N.J.S.A. 07/2019 . b. "Construction work" shall not mean the repair or painting of fences, buildings and structures not exceeding 12 feet in height. ), minors who are 12 through 17 years of age shall be permitted to work as volunteers at community operated noncommercial recycling centers operated by a municipality or a community service organization authorized by a municipality to operate a recycling center subject to the following provisions: a. An employer may permit such minor to begin work after the time for beginning, and stop before the time for ending work stated in the schedule; but he shall not otherwise employ or permit him to work except as stated in the schedule. (e) "Curing cellar" shall include that workroom or workplace which is primarily devoted to the preservation and flavoring of meat by curing materials. upon any false statement made in applying therefor, or employs or permits or suffers any minor to be employed or to work in violation of this act or of the terms of any permit issued under this act or of any order or ruling issued under the provisions of this act, or obstructs the Departments of Labor and Education, their officers or agents, or any other person authorized to inspect places of employment under this act, and whoever, having under his control or custody any minor, permits or suffers him to be employed or to work in violation of this act is guilty of an offense. All occupations involved in the pushing or dropping of any suspended carcass, half carcass, or quarter carcass; and. 12:58-5.2, pursuant to N.J.S.A. Home; Get Support; Frequently Asked Questions; . 4. It shall not include work that involves cutting, scraping, or trimming meat from cuts containing bones. Power tools, including but not limited to, power lawn mowers, power woodworking and metal working tools. Every employer shall post and keep conspicuously posted in the establishment wherein any minor under 18 is employed, permitted, or suffered to work a printed abstract of this act and a list of the occupations prohibited to such minors, to be furnished by the Department of Labor, and a schedule of hours of labor which shall contain the name of each minor under 18 the maximum number of hours he shall be required or permitted to work during each day of the week, the total hours per week, the time of commencing and stopping work each day, and the time for the beginning and ending of the daily meal period. (d) Minors under 18 years of age shall be prohibited from fueling aircraft, either commercial or private. and the provisions of this act. For the purpose of this act, indecent or immoral exhibition means (1) sexual intercourse, or (2) anal intercourse, or (3) masturbation, or (4) bestiality, or (5) sadism, or (6) masochism, or (7) fellatio, or (8) cunnilingus, or (9) any other sexual activity, or (10) nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any person who may view such depiction. An employer obstructs the Commissioner in the performance of the duties of the Commissioner in the enforcement of this chapter; or, 2. Requirements for the School to Work program are found at N.J.A.C. (d) "Student learner" means a person: 1. (a) Minors under 16 years of age shall not be employed, permitted or suffered to work in, about, or in connection with power-driven machinery. Section 17 of P.L.1940, c. 153 (C.34:2-21.17) shall not apply to minors under the age of 18 who have successfully reached the ninth or higher grade level and who have the approval of a parent or guardian to participate or work in any educational program in science. (b) This subchapter shall not apply to apprentices and student learners engaged in cooperative vocational educational programs. All payments shall be made by certified check or money order, or payable in a form suitable to the Commissioner of Labor and Workforce Development. Upon application of an employer, bearing the endorsed approval of a parent or guardian of the minor a permit authorizing employment of the minor in a theatrical production may be issued if: (a) The minor is in good health and will not likely be endangered by the working conditions of the prospective employment as certified by a currently issued statement of a licensed physician based upon a physical examination which, for minors under 8 years of age, includes a visual acuity screening if practicable;(b) The place of employment is approved by the Department of Labor and the period for which the permit is desired is not in excess of 3 months;(c) The minor is not attending public school and the application is for a period other than during the school summer vacation period, that he is receiving equivalent instruction approved by the Department of Education or by the state or county of his residence if he be a nonresident of New Jersey;(d) The proposed employment will not exceed two shows or productions in a day or a total of eight shows or productions in any week where the professional employment is reasonably separable into discrete shows or productions; that the employment will not be for more than 6 days in any week, 5 hours in any day or a total of 24 hours, including rehearsal time, in any week and that the minor will not be employed before 7:00 a.m. or after 11:30 p.m. and that school and theatrical performance time shall not exceed 8 hours in any 1 day and that the combined time spent on a set or on call and performance time shall not exceed a total of eight hours in any one day;(e) The employment does not involve a type of prohibited performance as hereinafter defined; and(f) The minor will be under the direct care and supervision of an adult who is a parent, guardian or a representative of the employer, named in the application, at all times during his employment or while living away from home when required as an incident of such employment. 3. An employment certificate shall state the name, sex, color, date and place of birth, residence, color of hair and eyes, height, weight, any distinguishing facial marks of the child-the employer's name, address and type of business, the occupation of the child, the kind of proof of age submitted, the grade completed, physician's approval and the name and address of parent. 4. Workers 16 and up may work up to 50 hours in one week and up to 10 hours a day only between the last day of school and Labor Day. New Jersey employers may not pay you under $14.13 per hour unless you or your occupation are specifically exempt from the minimum wage under state or federal law. Frequently Asked Questions - Minimum Wage and Labor Laws b. Action may be taken by the board by an affirmative vote of a majority of its members. The hours of work of minors under 16 employed outside school hours shall not exceed three hours in any one day when school is in session and shall not exceed in any one week when school is in session the maximum number of hours permitted for that period under the federal "Fair Labor Standards Act of 1938," 29 U.S.C.s.201 et seq., and regulations promulgated pursuant to that federal act.This section is not applicable to the employment of a minor between 16 and 18 years of age during the months of June, July, August or September by a summer resident camp, conference or retreat operated by a nonprofit or religious corporation or association, unless the employment is primarily general maintenance work or food service activities. If the governing body or board of commissioners, as the case may be, so provide in the rules and regulations governing the auxiliary, a junior fireman 16 years of age or older may perform non-hazardous support duties at a fire site; provided: (1) the junior fireman has been appropriately and adequately trained to perform the support duties; (2) the junior fireman is appropriately and adequately supervised in performing those support duties at the fire site; (3) the junior fireman's parent or guardian has provided written permission allowing the junior fireman to perform those support duties; and (4) the governing body or board of commissioners, as the case may be, provides insurance coverage for the junior fireman that is identical to that provided for the regular members of the volunteer fire department or fire district. Child Labor; Mercantile Establishments, Minors under 16 not to be employed; exceptions; nonresidents, Posting of law, list of prohibited occupations and schedule of hours of labor; permitting minors to begin later or stop earlier than time stated in schedule, Employment certificate or special permit from issuing officer of school district, Age certificates to persons between 18 and 21; contents; retention by employer during employment, Certificate or permit as conclusive evidence of age, Filing of duplicate certificates or permits; cancellation; return of original papers; destruction of certificates and permits when minors become 21, Employment of children who are nonresidents of school district; duplicate of certificate, Return of certificate after employment terminates; new certificates; certificate valid only for one employer and one occupation; employer to keep certificate accessible; prima facie evidence, Street trade; agricultural pursuits; ages when permitted; special permits; newspaper carriers, Fees or expenses not to be paid by child, parent or guardian, Prohibited employments for minors under 16 and under 18; exceptions, Inapplicability of 34:2-21.17 to participants in junior achievement program, Minors as volunteers at community operated noncommercial recycling centers; provisions, Non-employee status of minor working voluntarily, Minors aged 14 to 17 permitted to work as volunteers for nonprofit organizations constructing affordable housing; prohibited acts; minimum insurance requirements, Minor working pursuant to 34:2-21.17d deemed not to be an employee, Enforcement of act; inspection of places and certificates, Penalty, Child Labor Law Enforcement Trust Fund, Advisory Board; annual report, Newspaperboys; effect of act upon rights under Workmen's Compensation Act, N.J.S.A.
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