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Summary of differences between federal and state regulations
Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.
New Jersey law has a similar provision to federal regarding union membership. There are also additional provisions concerning employment contracts.
Union membership
An employer can not enter into a contract with an employee requiring union membership or non-membership as a condition of employment. Any such contract is contrary to public policy and unenforceable. §34:12-5
Wage statutes
Any agreement made between an employer and employee contrary to the provisions of New Jersey wage payment statutes, except to pay wages at more frequent intervals or in advance, is void. §34:11-4.7.
Waiver of rights
An employer can not require an employee to enter into an agreement to waive his or her right to unemployment compensation benefits or agree to pay any portion of the employer’s required contribution to the unemployment compensation fund. §43:21-15. (a)
Unreasonable wage
Any contract requiring the employment of an individual at an unreasonable wage is contrary to public policy and is to be considered void. §34:11-56a3.
State
Contact
New Jersey Department of Labor and Workforce Development
Regulations
Union membership
New Jersey Statutes Title 34 Chapter 12 §34:12-5
Wage statutes
New Jersey Statutes Title 34 Chapter 11 §34:11-4.7.
Waiver of rights
New Jersey Statutes Title 43 Chapter 21 §43:21-15. (a)
Unreasonable wage
New Jersey Statutes Title 34 Chapter 11 §34:11-56a3.