For the purposes of this section, "community operated noncommercial recycling center" means any recycling center that is sponsored by a municipality and is engaged in the recycling activity as a community service. 34:2-21.19 was amended effective December 3, 2005 increasing the administrative penalty to not more than $500 for a first violation. 1. Fact Sheet #32: Youth Minimum Wage - Fair Labor Standards Act Where there is no physical workplace location and where all . Concurrent with all other provisions of P.L.1940, c. 153 (C. 34:2-21.1 et seq. New Jersey's current minimum wage is $12.00 for employers with 6 or more employees (except seasonal and agricultural employees) and $11.10 for employers with 5 or fewer employees and for any seasonal employees. 12:58-5.2, pursuant to N.J.S.A. Hyejin Ku studies changes in worker effort in response to this raising of the wage floor using data from . (d) "Killing floor" shall include that workroom or workplace where cattle, calves, hogs, sheeps, lambs, goats, or horses are immobilized, shackled, or killed, and the carcasses are dressed prior to chilling. (b) "Toxic and hazardous substance" shall mean any material exceeding a threshold limit value listed in the tables of Section 1910.1000 of Subpart Z of 29 CFR Part 1910. Work in adult book stores or massage parlors; or. Child Labor Laws - Theatrical, Theatrical productions; employment of minors under 16, Refusal to grant permit or certificate; grounds; record, Delivery of application to department of labor, Repealed by L.1981, c. 147, 7, eff. 34:2-21.19 which provides sanctions for noncompliance. Action may be taken by the board by an affirmative vote of a majority of its members. Work in a particularly hazardous occupation is incidental to the minor's training;ii. Any sum collected as a fine or penalty pursuant to this section shall be deposited in the Child Labor Law Enforcement Trust Fund established pursuant to subsection c. of this section. Notwithstanding any provision of the child labor laws of this State, the professional employment of minors under the age of 16 years in theatrical productions is authorized upon compliance with the conditions in this act set forth. As used in this act "junior achievement program" means any program under which minors under the age of 18 engage in business enterprises or activities pursuant to an economics education program conducted under the guidance of adult sponsors from private business and industry. means the New Jersey Statutes Annotated. Employers are required by law to post NJDOL posters where workers can easily see them, and written copies must be distributed to employees. (a) Minors under 18 years of age shall not be employed, permitted or suffered to work in or about corrosive materials. If a hearing is requested, the commissioner shall issue a final order upon such hearing and a finding that a violation has occurred. It shall not include work that involves cutting, scraping, or trimming meat from cuts containing bones. (f) "Ionizing radiation" shall mean alpha and beta particles, electrons, protons, neutrons, gamma and x-ray and all other radiations which produce ionizations directly or indirectly, but does not include electromagnetic radiations other than gamma and x-ray. Any other factors which the Commissioner deems to be appropriate in the determining of the penalty assessed. The failure of any employer to produce for inspection such employment certificate, or the presence of any minor under eighteen years of age in his place of work at any time other than that specified in the posted schedule of hours required by this act, shall be prima facie evidence of the unlawful employment of the minor. Generally, the New Jersey law falls in line with the federal Fair Labor Standards . "Bar service area" includes, but is not limited to, outside bars at pools or other recreational facilities. (c) "Issuing officer" means any superintendent of schools, supervising principal, or teacher in a school district who is designated by the board of education in the district to issue certificates or permits in accordance with the provisions of this act. The issuing officer may refuse to grant a certificate, if in his judgment, the best interests of the minor would be served by such refusal and he shall keep a record of such refusals, and the reasons therefor. All occupations involved in the pushing or dropping of any suspended carcass, half carcass, or quarter carcass; and. (b) "Conveyor" shall mean a horizontal, inclined, or vertical device for moving or transporting bulk materials, packages or objects, in the path predetermined by the design of the device, and having points of loading and discharge. 12. Work in establishments where the acts of indecent or immoral theatrical exhibitions are performed or shown on screens; 3. A minor working voluntarily at a recycling center shall not be deemed an employee under R.S. Agricultural machines when used on farms, such as standard type poultry feeders, egg washers, egg coolers, and milking machines; and. (d) "Student learner" means a person: 1. All occupations involved in the recovery of lard and oils, except packaging and shipping of such products and the operation of lard-roll machines; 3. A new employment certificate shall not be issued for any minor except upon the presentation of a new promise of employment. Overview Minimum Age For Employment Exceptions - Minimum Age For Employment Details: School Attendance & Child Labor Overview (a) As an alternative to, or in addition to, any other sanctions provided for in N.J.A.C. For whom training site experiences may not exceed five hours on any day that school is in session nor may the combination of school and work exceed eight hours on any day that school is in session. The age certificate shall state the color, name, sex, date and place of birth, residence, color of hair and eyes, height, and distinguishing facial marks, if any, and the kind of proof of age submitted.All copies thereof shall be signed in person by the applicant in the presence of the said issuing officer in whose name it is issued.Any employer before employing a minor may require him to produce an age certificate and sign his name for comparison with the signature on the certificate. Frequently Asked Questions - Minimum Wage and Labor Laws (c) "Power driven machinery" shall not include: 2. When determining the amount of the penalty imposed because of a violation, the commissioner shall consider factors which include the history of previous violations by the employer, the seriousness of the violation, the good faith of the employer, and the size of the employer's business. a. ), when the Commissioner of Labor and Workforce Development finds that an individual has violated that act, the commissioner is authorized to assess and collect administrative penalties of not more than $500 for a first violation, not more than $1,000 for a second violation, and not more than $2,500 for each subsequent violation, specified in a schedule of penalties to be promulgated as a rule or regulation by the commissioner in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The presence of any minor under eighteen years of age in any place of employment shall be prima facie evidence of the employment of such minor, except that the presence on any farm or place of agricultural pursuit of any such minor shall not constitute such prima facie evidence. 4. Government Printing OfficeWashington, D.C. 20420, New Jersey Statutes AnnotatedCopies available from:Division of Wage and Hour ComplianceNew Jersey Department of Labor & Workforce DevelopmentPO Box 389Trenton, N.J. 08625-0389, General Industry Standards of Occupational Safety and Health Administration of the U.S. Department of Labor, Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure. (c) "Operator" shall mean a person who operates a machine by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in operation of the machine. Minors over the age of 16 may work 10 hours . Members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties. 1. The hours of work of minors under 16 employed outside school hours shall not exceed three hours in any one day when school is in session and shall not exceed in any one week when school is in session the maximum number of hours permitted for that period under the federal "Fair Labor Standards Act of 1938," 29 U.S.C.s.201 et seq., and regulations promulgated pursuant to that federal act.This section is not applicable to the employment of a minor between 16 and 18 years of age during the months of June, July, August or September by a summer resident camp, conference or retreat operated by a nonprofit or religious corporation or association, unless the employment is primarily general maintenance work or food service activities. All occupations involved in the operation or feeding of the following power-driven meat-processing machines, including setting up, adjusting, repairing, oiling, or cleaning such machines: meat patty forming machines, meat and bone cutting saws, knives including circular and horizontal knives used for slicing meat, slicing machines used in delicatessens and restaurants for cutting or slicing any food product (except bacon-slicing machines), head-splitters, and guillotine cutters, snout-pullers and jaw-pullers, skinning machines, horizontal rotary washing machines, casing-cleaning machines such as crushing, stripping, and finishing machines, grinding, mixing, chopping, and hashing machines, and presses (except belly-rolling machines); 6. If no hearing is requested, the notice shall become a final order upon expiration of the 15-day period. 7. 5. 34:2-21.19 was amended effective December 3, 2005 increasing the administrative penalty to not more than $1,000 for a second violation, and not more than $2,500 for each subsequent violation. A request for a formal hearing must be received within 15 business days following the receipt of the notice. Under New Jersey law, no one under 18 years of age can work more than 8 hours a day or 40 hours a week. An employment certificate shall state the name, sex, color, date and place of birth, residence, color of hair and eyes, height, weight, any distinguishing facial marks of the child-the employer's name, address and type of business, the occupation of the child, the kind of proof of age submitted, the grade completed, physician's approval and the name and address of parent. Code of Federal RegulationsCopies available from:Superintendent of DocumentsU.S. All wages due, fees and penalties shall be paid within 30 days of the date of final order. Child labor in the entertainment industry is regulated in New Jersey law, under Sec. The abbreviations preceding these standards and publications have the following meaning and are the organizations issuing the standards and publications listed. "Corrosive material" means any liquid or solid that causes destruction of human skin tissue or a liquid that has a severe corrosion rate on steel or aluminum. (c) A defendant who violates any provision of this chapter shall be guilty of a disorderly persons offense and, shall, upon conviction therefor, be fined not less than $100.00 nor more than $1,000[1}. Employment of Minors | Department of Labor 34:2-21.19 was amended effective December 3, 2005 increasing the fine to not less than $100 nor more than $2,000 for an initial violation and not less than $200 nor more than $4,000 for each subsequent violation. 05/2022 - Payment of Wages - Revised with minor reformatting and rewording with the same information and a new revision date. Such certificates shall show the height and weight of the minor and other facts concerning his physical development which were revealed by such examination and upon which the opinion of the physician or advanced practice nurse is based as to the physical age of the minor. Under the FLSA, covered employers are allowed to pay employees under the age of 20 a of no less than $4.25 per hour for the limited period of 90 days. New Jersey Minimum Wage: $14.13 - Effective 01/2023 New Jersey Minimum Wage; Family Medical Leave Act; Worker Misclassification Notice; . Federal payroll tax rates for 2023 are: Social Security tax rate: 6.2% for the employee plus 6.2% for the . (c) "Cooperative vocational education program" means a program of vocational education approved by the State Department of Education for persons who, through written cooperative arrangements between the school and the employer, receives instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, but these two experiences are planned and supervised by the school and employer so that each contributes to the education and employability of the student. (b) This subchapter shall not apply to apprentices and student learners engaged in cooperative vocational educational programs. State Minimum Wage Laws | U.S. Department of Labor d. There is established a Child Labor Law Enforcement Advisory Board to advise the Commissioner of Labor and Workforce Development, and issue an annual report, regarding the use of moneys from the Child Labor Law Enforcement Trust Fund and other issues the board deems appropriate concerning child labor, including the impact of excessive or hazardous work on the educational success, health and general well-being of children. 1. Any person employing a minor under 16 years of age in agriculture shall obtain such a certificate from the minor and keep it on file during the period of the minor's employment and shall return it to the minor to whom it is issued upon termination of the minor's employment.Upon application by the parent, guardian or other person having custody and control of a newspaper carrier as defined in this act, between the ages of 11 and 18 years of age, to the publisher of any newspaper in this State and upon receiving satisfactory proof of age and a signed statement of physical fitness, such publisher may issue to such newspaper carrier a special permit on a form prescribed and approved by the Commissioner of Education, whereby the newspaper carrier shall be permitted to deliver, solicit, sell and collect for newspapers outside of the newspaper carrier's school hours on residential routes, and on Sundays and during school vacations and no other employment certificate shall be required.Such special permit shall show the name, address and date of birth of the newspaper carrier for whom it is issued, and such other information as the Commissioner of Education may require.The publisher shall forthwith mail 3 copies of such special permit to the issuing officer as defined in section 1 of this act, one of which copies shall be forwarded to the Commissioner of Education and one copy to the Commissioner of Labor and Industry in such manner as may be provided by regulation of said commissioners. This pay bump comes courtesy of legislation Gov. Click here to review the most recent changes. The Department of Education shall deliver a copy of each application to the Department of Labor. There are several exemptions to both federal and state minimum wage law, including employees who recieve tips, students and minors, and several others. and the provisions of this act. Home All Taxes Individuals Income Tax Resource Center Completing and Filing a Return Who Must File Who Must File Age is not a factor in determining whether a person must file. Thus your tips need to reach up to $8.85. 1141 et seq. 7. Safety instruction is given by the school and correlated by the employer with on-the-job training. (c) "Related equipment" shall mean devices in and around conveyors that represent a physical hazard, such as equipment interfaces, nip and shear points, transfer, loading and discharge points, hoppers, and chutes. It does not include that workplace where meats are smoked. As an alternative to or in addition to any other sanctions provided by law for violations of P.L.1940, c.153 (C.34:2-21.1 et seq. The term "compactor" shall not include residential type compactors and compacting type garbage trucks provided that 16 and 17 year old minors ride inside the cab of the truck. State Minimum Wage Laws; State Labor Law Topics; State Labor Offices; Resources for State and Local Governments; . New Jersey . No minor under 16 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation at any time; provided, that minors between 14 and 16 years of age may be employed, permitted or suffered to work outside school hours and during school vacations but not in or for a factory or in any occupation otherwise prohibited by law or by order or regulation made in pursuance of law; and provided, further, that minors under 16 years of age may engage in professional employment in theatrical productions upon the obtaining of a permit therefor and may engage outside school hours and during school vacations in agricultural pursuits or in street trades and as newspaperboys as defined in this act, in accordance with the provisions of section 15 of this act. Maryland's and Illinois's minimum wage will rise to $15.00 by Jan. 2025. . This statute and rule reprint is for ready reference only. Any wage rate above $4.25 an hour may be paid to eligible workers during this 90-day period. Young Workers | For Employers of Workers Under 18 Except as provided in section 15 of P.L.1940, c. 153 (C.34:221.15) and except for domestic service or messengers employed by communications companies subject to the supervision and control of the Federal Communications Commission, no minor under 18 years of age shall be employed, permitted, or suffered to work in, about, or in connection with any gainful occupation more than six consecutive days in any one week, or more than 40 hours in any one week, or more than eight hours in any one day, nor shall any minor under 16 years of age be so employed, permitted, or suffered to work before 7 a.m. or after 7 p.m. of any day, except a minor who is 14 or 15 years of age may work in a restaurant, supermarket or other retail establishment, or in any occupation not prohibited by the provisions of this act, P.L.1940, c. 153 (C.34:221.1 et seq.)