New Jersey Employment Law: Worker Rights & LAD Protections (2026)

New Jersey provides some of the strongest worker protections in the nation. The New Jersey Law Against Discrimination (NJLAD) offers broader coverage than federal law, and the state has robust paid family leave, earned sick leave, and wage protections. Whether you work in Newark's business district, Jersey City's financial sector, or anywhere in the Garden State, understanding your employment rights is essential.

New Jersey Employment Law Topics

• Wrongful Termination
• Workplace Discrimination
• Workplace Retaliation
• Wages and Hours
• Leave Laws
• Employment Contracts
• Workers' Compensation

New Jersey Cities

• Newark
• Jersey City
• Trenton

What Makes New Jersey Employment Law Different

Strong Worker Protections

New Jersey leads in employment protections:

• Broadest discrimination law: NJLAD covers employers of ALL sizes
• Paid family leave: Up to 12 weeks at 85% of wages
• Earned sick leave: All employers must provide paid sick leave
• Higher minimum wage: $15.49/hour (2026)
• No non-compete for low-wage workers: Recent legislation limits enforcement

Key New Jersey Employment Laws

New Jersey Minimum Wage (2026)

Current Minimum Wage

• Most employers: $15.49/hour
• Seasonal/small employers: $14.53/hour (transitioning)
• Agricultural workers: $13.40/hour (transitioning)

Tipped Employees

• Tipped minimum wage: $5.62/hour
• Tips plus cash wage must equal full minimum wage

Annual Increases

New Jersey minimum wage increases annually with inflation adjustments.

New Jersey Law Against Discrimination (NJLAD)

Broadest Discrimination Protection

NJLAD covers ALL employers—even those with just 1 employee

Protected characteristics:

• Race, color, national origin, ancestry
• Religion, creed
• Sex, pregnancy, breastfeeding
• Sexual orientation, gender identity
• Age (all ages, not just 40+)
• Disability (physical and mental)
• Marital status, domestic partnership
• Civil union status
• Atypical hereditary cellular or blood trait
• Genetic information
• Military service
• Nationality
• Liability for military service

No Damage Caps

Unlike federal law, NJLAD has no caps on compensatory or punitive damages.

Filing Discrimination Claims

NJ Division on Civil Rights (DCR):

• Filing deadline: 2 years from discriminatory act
• Phone: 973-648-2700
• Website: njoag.gov{rel="nofollow"}

New Jersey Leave Laws

NJ Family Leave Act (NJFLA)

Up to 12 weeks of job-protected leave for:

• Bonding with new child
• Caring for family member with serious health condition

Applies to: Employers with 30+ employees

Can be taken intermittently

NJ Family Leave Insurance (FLI)

Paid leave benefits:

• Up to 12 weeks
• 85% of average weekly wage (up to cap)
• For bonding or family care
• Funded through payroll deductions

NJ Earned Sick Leave

All employers must provide:

• 40 hours of paid sick leave per year
• Accrual: 1 hour per 30 hours worked
• Can use after 120 days of employment

Can be used for:

• Own illness or preventive care
• Family member's care
• Domestic/sexual violence issues
• School closures for public health

Temporary Disability Insurance (TDI)

For your own illness/disability:

• Up to 26 weeks
• Partial wage replacement
• Includes pregnancy-related disability

New Jersey Wrongful Termination

At-Will with Strong Exceptions

New Jersey is at-will, but has robust exceptions:

Wrongful termination claims:

• Discrimination: NJLAD violations
• Retaliation: Conscientious Employee Protection Act (CEPA)
• Public policy: Pierce v. Ortho Pharmaceutical
• Breach of contract: Written or implied
• WARN Act violations: Lack of notice for mass layoffs

NJ WARN Act

90 days' notice required for:

• Mass layoffs of 50+ employees
• Plant closings
• Transfers of operations

Applies to employers with 100+ employees

Severance required if notice not given: 1 week pay per year of service

Conscientious Employee Protection Act (CEPA)

Strong whistleblower protection:

• Protects reporting of violations
• Protects objecting to illegal activity
• Protects refusing to participate in violations
• 1-year deadline to file

New Jersey Non-Compete Agreements

Recent Restrictions

New Jersey has increasingly limited non-competes:

• Cannot be enforced against low-wage workers
• Must be reasonable in scope
• Courts scrutinize carefully
• Garden leave provisions may be required

New Jersey Wage and Hour Laws

Overtime Requirements

• Time-and-a-half after 40 hours per week
• No daily overtime requirement

Wage Payment

• Must be paid at least twice monthly
• Final paycheck due on next regular payday

Wage Theft Protections

Strong enforcement through:

• NJ Department of Labor
• Private lawsuits
• Treble damages for willful violations

Filing Employment Claims in New Jersey

NJ Division on Civil Rights

For discrimination and harassment:

• Phone: 973-648-2700
• Website: njoag.gov{rel="nofollow"}
• Filing deadline: 2 years

NJ Department of Labor

For wage violations:

• Phone: 609-292-2323
• Website: nj.gov{rel="nofollow"}

EEOC - Newark Area Office

For federal claims:

• Address: One Newark Center, 21st Floor, Newark, NJ 07102
• Phone: 1-800-669-4000
• Filing deadline: 300 days

Legal Aid and Resources

Free Legal Help

• Legal Services of New Jersey: lsnj.org | 1-888-576-5529
• Northeast New Jersey Legal Services: lsnj.org/nnjls
• NJ Division on Civil Rights: njoag.gov

New Jersey State Bar Association

Lawyer referral:

• Phone: 732-249-5000
• Website: njsba.com{rel="nofollow"}

Frequently Asked Questions

Does NJLAD cover small employers?

Yes. Unlike federal law (15+ employees), NJLAD applies to ALL employers with even 1 employee. This is one of the broadest protections in the nation.

What is the minimum wage in New Jersey?

$15.49/hour for most employers in 2026, with annual inflation adjustments. Small employers and agricultural workers have transitional rates.

How long do I have to file a discrimination claim?

You have 2 years to file with the NJ Division on Civil Rights—much longer than the federal 300-day deadline.

Does New Jersey have paid family leave?

Yes. New Jersey Family Leave Insurance provides up to 12 weeks of paid leave at 85% of wages (up to a cap) for bonding with a new child or caring for a sick family member.

Can my employer enforce a non-compete?

It depends. New Jersey courts scrutinize non-competes carefully, and recent legislation has limited enforcement, especially for lower-wage workers.

Related Resources

• Newark Employment Law
• Jersey City Employment Law
• Disability Discrimination
• FMLA Family Medical Leave

Legal Disclaimer

This guide provides general information about New Jersey employment law and is not legal advice. For advice about your specific situation, consult a licensed New Jersey employment attorney.

Official Resources:

• NJ Division on Civil Rights: njoag.gov/about/divisions-and-offices/division-on-civil-rights{rel="nofollow"} | 973-648-2700
• NJ Department of Labor: nj.gov/labor{rel="nofollow"} | 609-292-2323
• EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000