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Monday, March 11, 2024

NJ Wage Payment Attorney, Wage Increases Still Discriminate by Class

The disparity in New Jersey and other states as to the increase in state minimum wages reflects the deeply ingrained class bias within the culture. New Jersey’s increase in the minimum wage by one dollar an hour to be paid by most, but not all, employers from $14.13 to $15.13 an hour is insufficient for most workers, including those who are not married and have no children, to sustain themselves. A household with children may disproportionately struggle compared to those who earn above the minimum even though many minimum wage employment positions are generally needed to fulfill necessary and essential functions in the society, and frequently few persons with other options would choose to do this work. According to US government statistics, twenty-two states and over three dozen cities and counties increased their minimum wages in January 2024.

Although New Jersey increased its minimum wage by one dollar an hour to be paid by most employers, not all workers benefitted from a one-dollar increase.

Agricultural Workers Do Not Benefit from Minimum Wage Increases on Par with Other Workers in New Jersey and Other States

Throughout the US, the hardest hit in the disparity of minimum wage increases in some jurisdictions who have increases, are those workers who already are among the most exploited - farm/agricultural workers . Agricultural employers in NJ will only be required to increase their farm/agricultural workers wages by 80 cents an hour; - an increase from $12.01 an hour to $12.81 an hour. Farm and agricultural workers are among the most diminished and denigrated workers in the US and are the victims of class status. Rather than being the most undervalued class, they should be elevated in class status Without their arduous and grueling labor, we would not have the abundance of high-quality US food that has stricter pesticide and herbicide restrictions than do other countries whose food we import.

Additionally, the US Gross National Product is due on large part to its highly productive agricultural business which would not be successful without its poorly paid agricultural workers. In 2020, the US exported $145,700,000,000 ($145.7 billion dollars) worth of agricultural products to other countries and this country is the largest agricultural exporter in the world.

Further class disparity is evidenced by those NJ workers engaged in labor on a farm or relative to the raising or care of livestock, both also are physically arduous work, are exempt from NJ overtime pay entitlement. (Note: this NJ exemption to overtime applies only to work performed on the farm. Landscaping employees are not exempt.)

Agriculture workers who do not receive the benefit of 2024's minimum wage increases on par with most other workers, as is required by most employers, can be frequently exploited if they are undocumented workers.

Some employers exploit their workers based on their immigration status. Workers lacking work authorization are entitled to minimum wages and overtime pay for hours worked the same as other workers. Many of these workers are prevented or manipulated from asserting workplace rights for fear of retaliation. A worker is always entitled to pay for work actually performed, regardless of immigration status. Undocumented workers who are paid less than the statutory minimum wage, may be afraid to complain for complain for fear of retaliation.

Not all workers are covered by NJ statutory minimum wage rate and overtime pay, but these exemptions will not be discussed here. Note: Although the cash wage for NJ tipped workers did not change from 2023 to 2024; the cash wage for tipped workers was, and still is, $5.26 an hour. However, NJ tipped workers did benefit from the one dollar increase in the NJ minimum wage, because employees working in New Jersey who earn a certain amount of tips every month, under the tipped minimum wage law, the cash wage paid by the employer and the tips earned together must equal the $15.13 per hour minimum wage.

If you quit your job, you may lose right to prevail in a lawsuit

If you quit your job, you may lose right to prevail in a lawsuit. If you are thinking of quitting, or you think you will be fired, you should know that you may lose your right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of quitting, or think you will be fired, you should contact this office immediately to discuss your options in the safest way for you.

If You Have Been Suspended, Had Your Hours Slashed, or Were Terminated or Threatened with Termination

If you have been suspended, had your hours slashed, or were terminated or threatened with termination for demanding wage and overtime pay for which you are entitled, contact Hope A. Lang, Attorney at Law today for a free consultation.

Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.


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