Q. Are there specific rules on when I must pay my employees?
A. In New Jersey, employers must pay full wages to all employees at least twice each calendar month on regular paydays designated in advance. There’s more leeway for bona fide executive and supervisory employees. They must be paid at least once per calendar month.
When a payday falls on a nonwork day, payment must be made on the immediately preceding work day, unless otherwise provided for in a collective bargaining agreement. Your regular payday must fall within 10 working days of the end of the pay period for which payment is being made.
You have the option of paying by direct deposit to a financial institution if the employee consents to that method. If you pay by paper check, you must make suitable arrangements to allow employees to cash their checks without difficulty and for the full amount.
Employees who leave or are terminated for any reason, including labor disputes, must be paid all wages due no later than the regular payday for the period in which the termination occurred. (Employers have an additional 10 days if the termination was related to a labor dispute involving payroll employees.)
Employees paid on an incentive basis have to be paid a reasonable approximation of wages due until exact amounts can be computed.
It is unlawful in New Jersey for an employer and employee to make any agreement for payment other than what the law provides, except to pay at shorter intervals or to pay wages in advance.
Wages due a deceased employee can be paid to the survivors in an order of preference outlined by New Jersey law, which starts with the surviving spouse.
- Get Your 1099-MISC Year-End Procedures in Place Now
- Remind managers: No comments on workers hiring lawyers
- Dive into 2012: Get your policies in shape for the new year
- Beware bigger penalties for wage-and-hour claims under N.J. whistle-blower law
- Unions on the doorstep: EFCA compromise gains momentum in Congress