New Jersey Increases Minimum Wage Rates for 2024; Updated EEOC and FLSA Workplace Posters

State Update Overview

In January 2024, the New Jersey Department of Labor and Workforce Development published a revised wage and hour notice.

New Jersey Minimum Wage Law Update

• Minimum wage increased to $15.13 per hour for most employers, $13.73 per hour for seasonal and small employers, $12.81 per hour for agricultural employers, and $18.13 per hour for direct care staff at long-term care facilities
• New rates effective January 1, 2024

Wage and Hour Exemptions

Employees may be exempt from wage and hour laws based on criteria associated with their salary, actual duties, and skills. Exempt employees neither receive overtime pay nor qualify for minimum wage. New Jersey labor law defines these exemptions based on Executive, Administrative, or Professional status. Learn more here.

Effective June 27, 2023, the new Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The federal Equal Employment Opportunity Commission (EEOC) has updated its “Know Your Rights: Workplace Discrimination is Illegal” Poster to summarize the new law.

EEOC “Know Your Rights: Workplace Discrimination is Illegal” Poster Updates

• Illegal employment discrimination on the bases of sex includes childbirth.
• Illegal employment discrimination includes interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation.
• Failure to provide reasonable accommodations for pregnancy, childbirth, or related medical condition can be considered discriminatory.
• Discriminatory employment practice can include conduct that coerces, intimidates, threatens, or interferes with someone exercising their rights, or someone assisting or encouraging someone else to exercise rights, regarding disability discrimination (including accommodation) or pregnancy accommodation.

Effective April 28, 2023, the Provide Urgent Maternal Protections for Nursing Mothers Act (PUMP) extends the right to receive break time to pump and a private place to pump at work to more nursing employees.  The federal Department of Labor (DOL) revised its “Employee Rights Under the Fair Labor Standards Act” poster to include changes from the new law.

DOL “Employee Rights Under the Fair Labor Standards Act” Poster Updates

• The section titled Nursing Mothers has been changed to Pump at Work.
• The right to break time to express breast milk previously only applied to employees subject to the overtime requirement under the FLSA (non-exempt employees). This reference has been removed.
• The revised poster clearly notes that narrow exemptions may apply to the pump at work requirements.

In October 2022, the U.S. Equal Employment Opportunity Commission (EEOC) published a revised Know Your Rights: Workplace Discrimination is Illegal poster.

Federal EEOC Workplace Discrimination Law Update

• Revised poster includes additional information regarding who is protected, covered organizations, types of illegal employment discrimination, and types of employment practices that can be challenged as discriminatory.
• Clarified process to file a discrimination complaint through the EEOC including updated websites and new phone number
• Added QR code
• Newly added information for the federal Department of Labor’s Office of Federal Contract Compliance Program and coverage of employees of a company with a federal contract or subcontract
• Clarified process to report a contractor who has violated its nondiscrimination or affirmative action obligations under OFCCP’s authorities
• Added access information for telecommunications relay services

New Jersey Labor Law Poster Update

All businesses within the State of New Jersey must display the new “Wage and Hour Law Abstract”,“Know Your Rights: Workplace Discrimination is Illegal”, and “Employee Rights Under the Fair Labor Standards Act” posters along with other state-mandated posting requirements where they are sufficiently accessible and viewable to all employees. These changes have been reflected in our New Jersey & Federal Labor Law Poster and requires an immediate mandatory update. Failure to meet compliance requirements and display the updated poster could result in fines.

Order the New Jersey & Federal Labor Law Poster to immediately include these required updates.