Skip to main content
Skip to main content

New Jersey Employment Law

New Jersey Law Against Discrimination is one of the most protective state laws in the nation. Covers 1+ employees with no cap on damages, 2-year SOL, and the broadest protected class list of any state.

At-Will

Yes

Right-to-Work

No

EEOC Deferral

300 days

Min. Wage

$15.92

New Jersey State Laws (10)

NJ LAD

N.J. Stat. Ann. §§ 10:5-1 to 10:5-50

730 days
1+ employees

The New Jersey Law Against Discrimination is one of the most comprehensive and protective anti-discrimination employment laws in the nation. It covers all employers with one or more employees and protects an exceptionally broad range of classes. There is no administrative exhaustion requirement — employees may file directly in state court within a 2-year statute of limitations. There are no caps on compensatory or punitive damages, making it one of the most powerful employee-side statutes in the country.

Protected Classes

racecreedcolornational originnationalityancestryagesex (including pregnancy and breastfeeding)gender identity or expressionaffectional or sexual orientationmarital statusfamilial statusdomestic partnership statuscivil union statusdisabilityatypical hereditary cellular or blood traitgenetic informationveteran statusmilitary serviceliability for service in the Armed ForcesAIDS/HIV status

Key Provisions

  • ✓Covers all employers with 1 or more employees and protects one of the broadest lists of classes of any state
  • ✓No cap on compensatory or punitive damages — among the most powerful remedies available
  • ✓No requirement to file with an administrative agency before suing — employees may proceed directly to Superior Court

Remedies

Back payFront payUnlimited compensatory damagesUnlimited punitive damagesEmotional distress damagesAttorney fees and costsInjunctive reliefReinstatement
File with: New Jersey Division on Civil Rights (DCR) or direct filing in Superior Court2 years (statute of limitations to file in court)

NJ Opportunity to Compete

N.J.S.A. 34:6B-11 et seq.

— days
15+ employees

Employers with 15+ employees may not inquire about criminal history on initial application or during first interview.

Key Provisions

  • ✓Employers with 15+ employees may not inquire about criminal history on initial application or during first interview.

Remedies

civil penalty $1000-$10000
File with: New Jersey Department of LaborAdministrative

NJ Cannabis Regulatory, Enforcement

N.J.S.A. 24:6I-52

730 days
1+ employees

Prohibits employers from taking adverse action solely on the basis of legal off-duty cannabis use; employers may still test for impairment, but must use a Workplace Impairment Recognition Expert (WIRE) for cannabis-specific drug-testing protocols.

Key Provisions

  • ✓Prohibits employers from taking adverse action solely on the basis of legal off-duty cannabis use; employers may still test for impairment, but must use a Workplace Impairment Recognition Expert (WIRE) for cannabis-specific drug-testing protocols.

Remedies

reinstatementback paycompensatory damages
File with: New Jersey Cannabis Regulatory Commission2 years

NJ Conscientious Employee Protection

N.J.S.A. 34:19-1 et seq.

365 days
1+ employees

One of the broadest whistleblower statutes in the U.S. Protects employees who disclose, object to, or refuse to participate in activity reasonably believed to violate law, public policy, or — for healthcare workers — patient-care standards.

Protected Classes

fraud_reportingworkplace_safetysecurities_violations

Key Provisions

  • ✓One of the broadest whistleblower statutes in the U.S. Protects employees who disclose, object to, or refuse to participate in activity reasonably believed to violate law, public policy, or — for healthcare workers — patient-care standards.

Remedies

reinstatementback paycompensatory damagespunitive damagesattorney feescivil fine
File with: Court (private right of action)1 year

NJ Diane B. Allen

N.J.S.A. 10:5-12(t) (amending NJ LAD)

730 days
1+ employees

Prohibits pay discrimination across all NJ LAD-protected classes (not just sex) for substantially similar work. Provides treble damages and 6-year lookback for discriminatory paychecks.

Protected Classes

sexracecolorreligionnational_originagedisabilitygender_pay_equitylgbtqpregnancymarital_status

Key Provisions

  • ✓Prohibits pay discrimination across all NJ LAD-protected classes (not just sex) for substantially similar work. Provides treble damages and 6-year lookback for discriminatory paychecks.

Remedies

back pay (6-year lookback)treble damagesattorney fees
File with: New Jersey Division on Civil Rights / private right of action2 years

NJ Security and Financial

N.J.S.A. 34:11C-1 et seq.

365 days
25+ employees

Employers with 25+ employees must provide up to 20 days unpaid leave per 12-month period for victims (or family of victims) of domestic or sexual violence, usable for medical care, counseling, services, court attendance, or relocation.

Key Provisions

  • ✓Employers with 25+ employees must provide up to 20 days unpaid leave per 12-month period for victims (or family of victims) of domestic or sexual violence, usable for medical care, counseling, services, court attendance, or relocation.

Remedies

reinstatementback paycompensatory damagesattorney feescivil penalty
File with: New Jersey Department of Labor / private right of action1 year

NJ Family Leave Insurance

N.J.S.A. 43:21-25 et seq. (TDI); 43:21-39.1 et seq. (FLI)

— days
1+ employees

Provides up to 12 weeks paid family leave benefits and up to 26 weeks paid temporary disability benefits, funded by employee payroll contribution and administered by NJ Department of Labor.

Protected Classes

family_medical_leaveserious_health_conditionnewborn_carepregnancy

Key Provisions

  • ✓Provides up to 12 weeks paid family leave benefits and up to 26 weeks paid temporary disability benefits, funded by employee payroll contribution and administered by NJ Department of Labor.

Remedies

benefitscivil penalty
File with: New Jersey Department of Labor and Workforce DevelopmentAdministrative through NJ DOL

NJ Millville Dallas Airmotive

N.J.S.A. 34:21-1 et seq.

2190 days
100+ employees

Employers with 100+ employees must give 90 days' notice of mass layoff or termination of operations affecting 50+ employees and pay severance equal to 1 week per year of service (mandatory; not just penalty for failure to notify).

Protected Classes

mass_layoffplant_closinglack_of_notice

Key Provisions

  • ✓Employers with 100+ employees must give 90 days' notice of mass layoff or termination of operations affecting 50+ employees and pay severance equal to 1 week per year of service (mandatory; not just penalty for failure to notify).

Remedies

mandatory severanceadditional 4 weeks pay if notice insufficientattorney fees
File with: New Jersey Department of Labor / private right of action6 years

NJ Earned Sick Leave

N.J.S.A. 34:11D-1 et seq.

730 days
1+ employees

All NJ employers (regardless of size) must provide 1 hour paid sick leave per 30 hours worked, up to 40 hours/year. Usable for own/family illness, preventive care, school closures, or domestic-violence-related needs.

Protected Classes

serious_health_conditionfamily_medical_leave

Key Provisions

  • ✓All NJ employers (regardless of size) must provide 1 hour paid sick leave per 30 hours worked, up to 40 hours/year. Usable for own/family illness, preventive care, school closures, or domestic-violence-related needs.

Remedies

back payliquidated damagescivil penaltyattorney fees
File with: New Jersey Department of Labor2 years

NJ Family Leave

N.J.S.A. 34:11B-1 et seq.

730 days
30+ employees

Employers with 30+ employees must provide up to 12 weeks of unpaid, job-protected leave in any 24-month period for bonding with a new child or caring for a family member with a serious health condition. Family definition broader than federal FMLA.

Protected Classes

family_medical_leaveserious_health_conditionnewborn_care

Key Provisions

  • ✓Employers with 30+ employees must provide up to 12 weeks of unpaid, job-protected leave in any 24-month period for bonding with a new child or caring for a family member with a serious health condition. Family definition broader than federal FMLA.

Remedies

reinstatementback paycompensatory damagesattorney fees
File with: New Jersey Division on Civil Rights / Department of Labor2 years

Federal Laws That Apply in New Jersey

These federal statutes protect workers nationwide, including in New Jersey. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in New Jersey

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.New Jersey laws are subject to legislative changes. Consult a qualified employment attorney in New Jersey for advice about your specific situation. Last reviewed: March 2026.