Under New Jersey overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in New Jersey — only the weekly total counts. The minimum wage is $15.92 ($15.23 for employers of fewer than 6 and seasonal jobs). This guide gives the exact new jersey overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance on 2026-10-08; confirm the current rule with New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance or an attorney before you rely on it.
New Jersey Overtime Laws at a Glance
| Minimum wage | $15.92 ($15.23 for employers of fewer than 6 and seasonal jobs) |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in New Jersey — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This New Jersey Overtime Laws Guide:
New Jersey Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in New Jersey — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
How to Calculate Overtime Under New Jersey Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $15.92 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
New Jersey Overtime Laws at a Glance
Rules verified against New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance on 2026-10-08; confirm the current rule with New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $15.92 ($15.23 for employers of fewer than 6 and seasonal jobs) |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in New Jersey — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From New Jersey Overtime Laws
New Jersey generally follows the federal approach, so bona fide executives, administrators and professionals, plus outside salespeople, are usually exempt from overtime. To be exempt, most salaried employees have to pass both a duties test and a salary test. Under the duties test, the job’s main work must be managerial, office-based decision-making or professional.
Under the salary test, the employee must be paid a set salary at or above the required minimum. A job title alone does not make someone exempt.
Daily Overtime and New Jersey Overtime Laws
New Jersey has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers in New Jersey generally cannot give comp time instead of overtime pay. Overtime hours must be paid in wages, normally in the same pay period.
Is Overtime Taxed Differently Under New Jersey Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. New Jersey lets employers count part of a tipped worker’s tips toward the minimum wage (the tip credit).
For overtime, the state generally calculates the rate as 1.5 times the full minimum wage, minus the tip credit. The employer cannot take a larger tip credit for overtime hours than for regular hours.
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How to Claim Unpaid Overtime Under New Jersey Overtime Laws
A New Jersey worker can file a wage claim for unpaid overtime with the NJ Department of Labor and Workforce Development’s Division of Wage and Hour Compliance. You can file online through the “File a Wage Claim” page or mail the Division’s claim form, and it helps to attach your last pay stub and W-2 if you have them. You can also complain to the U.S.
Department of Labor’s Wage and Hour Division instead. How far back you can claim is set by state law, so confirm the period with the Division before you file.
Other New Jersey Overtime Laws Rules to Know
New Jersey has no daily overtime, so overtime is based only on hours worked over 40 in a workweek. Under the state’s Wage Theft Act, workers who win may be awarded liquidated damages on top of the back pay, and the law presumes retaliation if an employer acts against a worker soon after a complaint.
Some trucking employees have their overtime calculated on the minimum wage rather than their regular rate.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
New Jersey — the bottom line
- New jersey overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under new jersey overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- New jersey overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under New Jersey overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in New Jersey — only the weekly total counts.
What is the overtime rate in New Jersey?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does New Jersey have daily overtime?
No daily overtime in new jersey — only the weekly total counts.
Can my employer give comp time instead of overtime pay in New Jersey?
Private employers in New Jersey generally cannot give comp time instead of overtime pay. Overtime hours must be paid in wages, normally in the same pay period.
How do I claim unpaid overtime in New Jersey?
A New Jersey worker can file a wage claim for unpaid overtime with the NJ Department of Labor and Workforce Development’s Division of Wage and Hour Compliance.
Official New Jersey Sources & Resources
- New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance: https://www.nj.gov/labor/wageandhour/
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This new jersey overtime laws guide was last verified against official New Jersey sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More New Jersey Workplace Rights Guides
- New Jersey Break Laws: Meal and Rest Breaks
- New Jersey Final Paycheck Law: Deadlines and Penalties
- New Jersey Labor Laws: Every Rule in One Place
- New Jersey Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.