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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act contains certain provisions in regard to compensation in terms of minimum wage, overtime, child labor and recordkeeping requirements. Corresponding state provisions will be found under those topic areas. States are free to adopt additional provisions that are not regulated by the federal government such as frequency of payday and wage deductions. These provisions are discussed in this section.
Frequency of payday
Employers are to pay wages at least twice per month on designated paydays and may pay less frequently for executive and supervisory employees, but in no case less frequently than monthly. Wages must be paid no later than ten days after the end of the pay period. §34:11-4.2
Authorized deductions
An employer may only make deductions where required or permitted by law or by collective bargaining agreement, or where deductions are authorized in writing by the employee for insurance, medical, welfare, pension, retirement or profit-sharing plans, for company-operated thrift plans, security purchase plans, for accounts at financial institutions, payments for company products, for employer loans, for safety equipment, U.S. Bonds, payments to correct payroll errors, charities, union dues, rental or cleaning of uniforms or work clothing, and contributions to a political committee. §34:11-4.4
Notification
Employers must notify their employees at the time of hire of the rate of pay, the regular payday, of any changes in pay rates or paydays prior to the change, and a statement of deductions from wages for each pay period deductions are taken. §34:11-4.6
Deduction for medical exam
Employers may not take deductions for the cost of a medical exam required by the employer. §34:11-24.1
Wage agreements
An employer may enter into an agreement with an employee to pay wages at shorter intervals than provided by statute or to pay wages in advance. §34:11-4.7
Unauthorized deduction
An employer may not deduct from an employee’s wages any portion of the employer’s required contribution to the unemployment compensation fund. §43:21-15(a)
State
Contact
New Jersey Department of Labor and Workforce Development
Regulations
Frequency of payday
New Jersey Statutes Title 34 Chapter 11 §34:11-4.2
Authorized deductions
New Jersey Statutes Title 34 Chapter 11 §34:11-4.4
Notification
New Jersey Statutes Title 34 Chapter 11 §34:11-4.6
Deduction for medical exam
New Jersey Statutes Title 34 Chapter 11 §34:11-24.1
Wage agreements
New Jersey Statutes Title 34 Chapter 11 §34:11-4.7
Unauthorized deduction
New Jersey Statutes Title 43 Chapter 21 §43:21-15(a) (page 60)
Federal
Contacts
None.
Regulations
None.
