New Jersey
New Jersey Minimum Wage 2026: $15.92 an Hour ($16.48 in 2027)
Independently fact-checked against primary sources (last audited September 30, 2026). · 9 primary sources cited on this page. How we verify our legal content

New Jersey's minimum wage is $15.92 an hour for most employers through December 31, 2026. The New Jersey Department of Labor and Workforce Development (NJDOL) has already announced the next step: $16.48 an hour for most employers starting January 1, 2027. Both figures are well above the federal minimum wage of $7.25 an hour (29 U.S.C. 206(a)(1)(C)), and where state and federal law both apply, the higher standard controls.
New Jersey does not use one rate for everyone. Seasonal employers and employers with fewer than six employees, agricultural employers, tipped workers and long-term care direct care staff each have their own figure, and each has its own announced 2027 amount.
Information last verified on September 29, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the New Jersey State Wage and Hour Law (N.J.S.A. 34:11-56a et seq.), the New Jersey Constitution's minimum wage provision, NJDOL's annual rate notices, and how the federal Fair Labor Standards Act (FLSA) overlays them. It does not cover overtime calculations in detail, other states, or the wage laws of individual cities. For overtime, see the overtime calculator.
What is the minimum wage in New Jersey?
The general rate is $15.92 an hour from January 1, 2026, and $16.48 an hour starting January 1, 2027. NJDOL's public notice for 2026 states that the rate "must be changed from $15.49 to $15.92," and its public notice for 2027 states that the rate "must be changed from $15.92 to $16.48."
The table below shows every category NJDOL posts. The 2027 column shows amounts NJDOL has announced; they take effect January 1, 2027.
| Category | Through December 31, 2026 | Starting January 1, 2027 (announced) |
|---|---|---|
| Most employers | $15.92 | $16.48 |
| Seasonal employers and employers with fewer than 6 employees | $15.23 | $16.25 |
| Agricultural (piece-rate or hourly farm labor) | $14.20 | $15.00 |
| Tipped workers (required cash wage) | $6.05 | $6.61 |
| Long-term care facility direct care staff | $18.92 | $19.48 |
The 2026 figures come from NJDOL's 2026 public notice and its minimum wage postcard (form MW-570). The 2027 general, seasonal and small employer, and agricultural figures come from NJDOL's 2027 public notice. The 2027 tipped and long-term care figures appear on the same postcard and, for tipped workers, in NJDOL's worker FAQ.
How does New Jersey set the yearly increase?
Article I, paragraph 23 of the New Jersey Constitution and N.J.S.A. 34:11-56a4 require an annual adjustment each January 1 based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Under N.J.A.C. 12:56-3.1, NJDOL revises the rate on or about September 30, using the percentage change in the U.S. City Average CPI-W from August to August, and posts a public notice on its website.
For 2027, NJDOL reports that the CPI-W rose 3.52 percent, from 317.306 in August 2025 to 328.481 in August 2026. Applied to $15.92, that produces an increase of $0.56, which is why the announced 2027 rate is $16.48.
The smaller categories follow their own rules:
- Seasonal and small employers. This category is on a scheduled catch-up to the general rate by 2028 (N.J.S.A. 34:11-56a4(c)). The 2027 notice sets $16.25, which is more than the $15.77 a CPI adjustment alone would have produced.
- Agricultural employers. The rate rises $0.80 to $15.00 in 2027, which is more than the $14.70 a CPI adjustment alone would have produced. The statute provides the greater of the scheduled increase or the CPI adjustment. From 2028 through 2030 the statute schedules the farm rate to catch up to the general rate by 2030 (N.J.S.A. 34:11-56a4(d)(2)).
The rates for 2028 have not been announced. NJDOL's process points to a notice on or about September 30, 2027.
How much can tipped workers be paid in New Jersey?
New Jersey's required cash wage for tipped workers is $6.05 an hour through December 31, 2026, and $6.61 an hour starting January 1, 2027. NJDOL's FAQ states that an employee's hourly wage plus tips must equal at least the minimum wage for each hour worked, and that the employer must make up any difference.

The cash wage follows from a fixed tip credit: N.J.S.A. 34:11-56a4(e) caps the credit at $9.87 an hour for 2024 and later years, so the cash wage is the general minimum wage minus $9.87.
In practice, the cash wage is the floor, not the target. If a slow shift leaves an employee below the general minimum wage after tips, the employer owes the balance. NJDOL's rule, N.J.A.C. 12:56-3.5(q), bars the tip credit unless the employer informed tipped employees in advance, so employers should follow the rule's notice conditions.
Federal law separately sets a $2.13 cash wage floor for tipped employees, but that figure is far below New Jersey's cash wage (29 CFR 531.56(d)). A New Jersey employer subject to the state law must meet the higher state requirement.
Long-term care direct care staff
NJDOL's postcard lists a higher required rate for direct care staff in long-term care facilities: $18.92 an hour through December 31, 2026, and $19.48 an hour starting January 1, 2027. By statute the rate is $3 above the general minimum wage (N.J.S.A. 34:11-56a4(i)). It covers health care professionals licensed or certified under Title 26 or Title 45 who are employed by a long-term care facility and provide care directly to residents (N.J.S.A. 34:11-56a1(q)). Ask NJDOL if the classification is unclear.
Who is exempt or can be paid less?
New Jersey's rates do not apply to every worker or every situation. NJDOL's FAQ lists these exceptions:
- automobile salespersons
- outside salespersons
- minors under 18, except minors working in retail, food service, first processing of farm products, beauty culture, laundry, cleaning and dyeing, light manufacturing and apparel, and hotel and motel occupations
N.J.S.A. 34:11-56a4(a) states that the rates do not apply to persons under 18 without a special vocational school graduate permit, motor vehicle salespersons, outside salespersons, and certain fair volunteers. Under N.J.S.A. 34:11-56a4(b)(3), full-time students employed by their own college may be paid not less than 85 percent of the applicable minimum wage.
Under N.J.S.A. 34:11-56a4(g), an employee enrolled in an established on-the-job or other training program may be paid a training wage of not less than 90 percent of the minimum wage for the first 120 hours of work, but only in an occupation where the employee has no previous similar or related experience, and NJDOL's rule bars using trainees in a way that displaces current workers (N.J.A.C. 12:56-3.4).
These exceptions are narrow and technical. A teenager working at a restaurant or store, for example, falls within the listed occupations and is not automatically exempt.
Do New Jersey cities set their own minimum wage?
This page reports New Jersey's statewide rates. New Jersey's minimum wage statute does not contain a provision barring local minimum wages. It expressly allows a county or municipality to set higher wage standards for its own vendors, contractors and subcontractors (N.J.S.A. 34:11-56a4(h)). This page did not verify whether any New Jersey municipality has adopted a general minimum wage above the state rate, so check with your municipality if you think one applies. Under federal law, a higher municipal minimum wage would still have to be honored (29 U.S.C. 218(a)).

How does the federal minimum wage interact with New Jersey's?
The federal minimum wage is $7.25 an hour, unchanged since July 24, 2009 (29 U.S.C. 206(a)(1)(C)). Under 29 U.S.C. 218(a), nothing in the FLSA excuses noncompliance with a state law establishing a higher minimum wage, and the Department of Labor says an employee covered by both laws is entitled to the higher rate. Because New Jersey's rate is higher, it is the rate that matters for nearly every New Jersey worker.
The FLSA still matters for gap-filling and remedies. It covers employees of enterprises with at least $500,000 in annual business, and smaller firms' employees who are engaged in interstate commerce. For the federal rules in full, see the federal minimum wage guide. To compare other states, see minimum wage by state.
What if my employer pays less than the minimum wage?
File a wage claim with NJDOL's Division of Wage and Hour Compliance through its online complaint process. The statute also permits a civil action (N.J.S.A. 34:11-56a25).
The remedies under the State Wage and Hour Law include:
- Unpaid wages owed under the minimum wage.
- Liquidated damages of up to 200 percent of the unpaid wages, with an exception for a first violation only if the employer shows an inadvertent good-faith error, acknowledges the violation and pays within 30 days (N.J.S.A. 34:11-56a25).
- Costs and attorney fees for a prevailing employee.
- A six-year limit on claims (N.J.S.A. 34:11-56a25.1).
The statute also provides a remedy for retaliation against an employee who asserts these rights (N.J.S.A. 34:11-56a24, referenced in 56a25). An adverse action within 90 days of a complaint is presumed retaliatory, and the employer can rebut that only by clear and convincing evidence (N.J.S.A. 34:11-56a25). The federal FLSA separately makes it unlawful to discharge or discriminate against an employee for filing a complaint (29 U.S.C. 215(a)(3)), and provides equal liquidated damages and attorney fees (29 U.S.C. 216(b)). Federal claims generally must be filed within two years, or three years for a willful violation (29 U.S.C. 255(a)).
If you have left the job and are owed pay, see what to do about unpaid wages and New Jersey final paycheck laws. If you are worried about losing the job for speaking up, see New Jersey at-will employment laws.
Common New Jersey minimum wage mistakes
- Using $15.49. That was the 2025 rate. The rate is $15.92 in 2026 and $16.48 starting January 1, 2027.
- Treating $16.48 as a rumor. NJDOL's public notice and its homepage both list $16.48 for January 1, 2027.
- Assuming tipped workers earn a flat cash wage. The cash wage is $6.05 in 2026, but the employer must make up any shortfall to the full minimum wage.
General legal information, not legal advice. This article presents general information about the New Jersey State Wage and Hour Law and the federal Fair Labor Standards Act. It was last verified on September 29, 2026. For advice about a specific pay situation, consult a lawyer licensed in New Jersey or contact the state labor agency.
Related
- Federal minimum wage
- New Jersey final paycheck laws
- New Jersey at-will employment laws
- Unpaid wages: how to recover them
- Overtime calculator
Last updated: September 29, 2026.
Frequently Asked Questions
What is the minimum wage in New Jersey in 2026?
It is $15.92 an hour for most employers from January 1, 2026, according to NJDOL. Seasonal employers and employers with fewer than six employees pay $15.23, and agricultural employers pay $14.20.
What will the New Jersey minimum wage be in 2027?
NJDOL has announced $16.48 an hour for most employers starting January 1, 2027. The seasonal and small employer rate becomes $16.25, and the agricultural rate becomes $15.00.
Is the New Jersey tipped minimum wage $6.05?
Through December 31, 2026, the required cash wage for tipped workers is $6.05. It rises to $6.61 starting January 1, 2027, and tips must bring total pay to at least the minimum wage or the employer must make up the difference.
How much does New Jersey pay long-term care direct care staff?
NJDOL lists $18.92 an hour through 2026 and $19.48 an hour starting January 1, 2027 for direct care staff in long-term care facilities.
How does New Jersey decide the yearly increase?
NJDOL applies the change in the federal CPI-W from August to August, as N.J.A.C. 12:56-3.1 provides, and publishes the new rate by about September 30. The 2027 change was 3.52 percent.
Can a minor be paid less than the minimum wage in New Jersey?
NJDOL says the rates do not apply to minors under 18 in general, except minors in listed occupations such as retail, food service and hotel work. Check the exceptions for your job before relying on them.
Is the federal minimum wage or the New Jersey minimum wage higher?
New Jersey is higher. The federal rate is $7.25 an hour, and where state law sets a higher minimum wage, that higher standard applies under 29 U.S.C. 218(a).
How long do I have to file a New Jersey minimum wage claim?
N.J.S.A. 34:11-56a25.1 sets a six-year limit for claims under the State Wage and Hour Law. Federal FLSA claims generally have a two-year limit, or three years for willful violations.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Jersey Statutes (Unannotated)
§ 34:11-56a4Minimum wage rate; exceptions.In force
5. a. Except as provided in subsections c., d., e. g., and i. of this section, each employer shall pay to each of his employees wages at a rate of not less than $8.85 per hour as of January 1, 2019 and, on January 1 of 2020 and January 1 of each subsequent year, the minimum wage shall be increased by any increase in the consumer price index for all urban wage earners and clerical workers (CPI-W) as calculated by the federal government for the 12 months prior to the September 30 preceding that January 1, except that any of the following rates shall apply if it exceeds the rate determined in accordance with the applicable increase in the CPI-W for the indicated year: on July 1, 2019, the minimum wage shall be $10.00 per hour; on January 1, 2020, the minimum wage shall be $11.00 per hour; and on January 1 of each year from 2021 to 2024, inclusive, the minimum wage shall be increased from the rate of the preceding year by $1.00 per hour. If the federal minimum hourly wage rate set by section 6 of the federal "Fair Labor Standards Act of 1938" (29 U.S.C.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 34:11-56a25Civil action by employee to recover wages, additional amount.In force
26. If any employee is paid by an employer less than the minimum fair wage to which the employee is entitled under the provisions of P.L.1966, c.113 (C.34:11-56a et seq.) or by virtue of a minimum fair wage order, or suffers a loss of wages or other damages because of a retaliatory action by the employer in violation of the provisions of section 24 of P.L.1966, c.113 (C.34:11-56a24), the employee may recover in a civil action the full amount of that minimum wage less any amount actually paid to him or her by the employer, or any wages lost due to the retaliatory action, and an additional amount equal to not more than 200 percent of the amount of the unpaid minimum wages or wages lost due to retaliatory action as liquidated damages, plus costs and reasonable attorney's fees as determined by the court, except that if there is an agreement of the employee to accept payment of the unpaid wages or compensation supervised by the commissioner pursuant to section 24 of P.L.1966, c.113 (C.34:11-56a23) or R.S.34:11-58, the liquidated damages shall be equal to not more than 200 percent of wages that were due prior to the supervised payment.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 34:11-56a25.1Limitations; commencement of action.In forcecited in 2 of our articles
1. No claim for unpaid minimum wages, unpaid overtime compensation, unlawful discharge or other discriminatory acts taken in retaliation against the employee, or other damages under this act shall be valid with respect to any such claim which has arisen more than six years prior to the commencement of an action for the recovery thereof. In determining when an action is commenced, the action shall be considered to be commenced on the date when a complaint is filed with the Commissioner of the Department of Labor and Workforce Development or the Director of Wage and Hour Compliance, and notice of such complaint is served upon the employer; or, where an audit by the Department of Labor and Workforce Development discloses a probable cause of action for unpaid minimum wages, unpaid overtime compensation, or other damages, and notice of such probable cause of action is served upon the employer by the Director of Wage and Hour Compliance; or where a cause of action is commenced in a court of appropriate jurisdiction.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Also relied on in: New Jersey Final Paycheck Laws: One Deadline for Every Separation
§ 34:11-56a1Definitions relative to minimum wages.In force
2. As used in this act: (a) "Commissioner" means the Commissioner of Labor and Workforce Development. (b) "Director" means the director in charge of the bureau referred to in section 3 of this act. (c) "Wage board" means a board created as provided in section 10 of this act. (d) "Wages" means any moneys due an employee from an employer for services rendered or made available by the employee to the employer as a result of their employment relationship including commissions, bonus and piecework compensation and including the fair value of any food or lodgings supplied by an employer to an employee, and, until December 31, 2018, "wages" includes any gratuities received by an employee for services rendered for an employer or a customer of an employer. The commissioner may, by regulation, establish the average value of gratuities received by an employee in any occupation and the fair value of food and lodging provided to employees in any occupation, which average values shall be acceptable for the purposes of determining compliance with this act in the absence of evidence of the actual value of such items.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 34:11-56a4.1Summer camps, conferences and retreats; exceptionIn force
The provisions of the act to which this act is a supplement in respect to minimum wages and compensation for overtime work shall not be applicable during the months of June, July, August or September of the year to summer camps, conferences and retreats operated by any nonprofit or religious corporation or association.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 34:11-56a30Application of act to minorsIn force
Except with respect to the minimum wage rates established by P.L.1966, c. 113, s. 5, the provisions of the "New Jersey State Wage and Hour Law," P.L.1966, c. 113 (C. 34:11-56a1 et seq.) are applicable to the employment of minors. Wage orders pertaining to minors including those promulgated under R.S. 34:11-34 through R.S. 34:11-56, on the effective date of this act shall remain in force until superseded by wage orders or regulations issued pursuant to P.L.1966, c. 113.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 34:11-56a4.7"New Jersey Minimum Wage Advisory Commission."In force
2. a. There is created a commission to be known as the "New Jersey Minimum Wage Advisory Commission," which shall be a permanent, independent body in but not of the Department of Labor and Workforce Development. The commission shall consist of five members as follows: the Commissioner of Labor and Workforce Development, ex officio, who shall serve as chair of the commission, and four members appointed by the Governor as follows: two persons who shall be nominated by organizations who represent the interests of the business community in this State and two persons who shall be nominated by the New Jersey State AFL-CIO. b. Members shall be appointed not later than December 31, 2005. Members shall be appointed for four-year terms and may be re-appointed for any number of terms. Any member of the commission may be removed from office by the Governor, for cause, upon notice and opportunity to be heard. Vacancies shall be filled in the same manner as the original appointment for the balance of the unexpired term. A member shall continue to serve upon the expiration of his term until a successor is appointed and qualified, unless the member is removed by the Governor.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
§ 34:11-56aMinimum wage level; establishmentIn force
It is declared to be the public policy of this State to establish a minimum wage level for workers in order to safeguard their health, efficiency, and general well-being and to protect them as well as their employers from the effects of serious and unfair competition resulting from wage levels detrimental to their health, efficiency and well-being.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at lis.njleg.state.nj.us
Code of Federal Regulations Title 29
§ 531.56“More than $30 a month in tips.”In forcecited in 2 of our articles
(a) In general. An employee who receives tips, within the meaning of the Act, is a “tipped employee” under the definition in section 3(t) when, in the occupation in which he is engaged, the amounts he receives as tips customarily and regularly total “more than $30 a month.” An employee employed in an occupation in which the tips he or she receives meet the minimum standard in the preceding sentence is a “tipped employee” for whom the wage credit provided by section 3(m)(2)(A) may be taken in computing the compensation due him or her under the Act for employment in such occupation, whether he or she is employed in it full time or part time. An employee employed full time or part time in an occupation in which he or she does not receive more than $30 a month in tips customarily and regularly is not a “tipped employee” within the meaning of the Act and must receive the full compensation required by the provisions of the Act in cash or allowable facilities without any deduction for tips received under the provisions of section 3(m)(2)(A). (b) Month.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 105 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Fast v. Applebee's International, Inc. (Court of Appeals for the Eighth Circuit 2011, 638 F.3d 872)“…e while performing the job that does not generate tips. See 29 C.F.R. § 531.56(e). The DOL's 1988 Handbook provides th…”
- Alec Marsh v. J. Alexander's LLC (Court of Appeals for the Ninth Circuit 2018, 905 F.3d 610)“…ge in this practice by promulgating a dual jobs regulation, 29 C.F.R. § 531.56(e), and subsequently interpreting that…”
- Grosscup v. KPW Management, Inc. (District Court, N.D. Illinois 2017, 261 F. Supp. 3d 867)“…separate kinds of violations but the attendant regulation ( 29 C.F.R. § 531.56 (e)), Chapter 30 of the Labor Departmen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009
United States Code Title 29
§ 203DefinitionsIn forcecited in 32 of our articles
As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 4,743 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wisconsin v. Yoder (Supreme Court of the United States 1972, 406 U.S. 205)“…hteen years or detrimental to their health or well-being." 29 U. S. C. § 203 (l). [20] Cf. e. g., Jacobson v…”
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (Supreme Court of the United States 1999, 527 U.S. 666)“…specifically covered the state hospitals in question, see 29 U. S. C. § 203 (d) (1964 ed.), and such coverage was u…”
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…vernment employees. §§ 6(a)(1) and (6), 88 Stat. 58 , 60, 29 U. S. C. §§ 203 (d) and (x). SATS complied with the FLS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027, Colorado Minimum Wage 2026: $15.16, $15.71 in 2027
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028, Idaho Minimum Wage 2026: $7.25 an Hour, Tips and Local Rules
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Sources and References
- NJDOL Public Notice: Minimum Wage 2026(nj.gov).gov
- NJDOL Public Notice: Minimum Wage 2027(nj.gov).gov
- NJDOL Minimum Wage Postcard (MW-570)(nj.gov).gov
- NJDOL Wage and Hour Worker FAQs(nj.gov).gov
- NJDOL Wage and Hour Laws and Regulations(nj.gov).gov
- NJDOL: N.J.S.A. 34:11-56a et seq. and N.J.A.C. 12:56 (full text)(nj.gov).gov
- NJDOL: File a Wage Claim(nj.gov).gov
- 29 U.S.C. 206 (Minimum wage)(law.cornell.edu)
- 29 U.S.C. 218 (Relation to other laws)(law.cornell.edu)
- 29 CFR 531.56 (Tipped employees)(ecfr.gov).gov
- U.S. Department of Labor: Minimum Wage FAQ(dol.gov).gov
- 29 U.S.C. 215 (Prohibited acts)(law.cornell.edu)
- 29 U.S.C. 216 (Penalties)(law.cornell.edu)
- 29 U.S.C. 255 (Statute of limitations)(law.cornell.edu)
- 29 U.S.C. 203 (Definitions)(law.cornell.edu)