The New Jersey Department of Labor and Workforce Development (NJDOL) protects and serves all workers equally, regardless of their immigration status. As a state agency separate from the federal government, its policies guarantee the confidentiality of personal information and do not voluntarily share it with immigration authorities. It will only release data upon presentation of a valid subpoena or court order signed by a judge.

Your Labor Rights in New Jersey

Regardless of your immigration status, you have the right to:

• Receive payment for all hours worked, with at least the state minimum wage, overtime pay in most cases, and the prevailing wage on public works projects.
• Enjoy paid sick leave to care for yourself or your loved ones, up to 40 hours a year.
• Be properly classified as an employee; if you're mislabeled as an independent contractor, or paid "under the table," you may lose benefits and rights.
• Protection under state laws such as the Temporary Workers' Rights Act, the Domestic Workers' Rights Act, Child Labor Laws, and all other wage and hour laws.

Protection against retaliation

New Jersey law protects you against retaliation. You can ask questions, learn about your rights, or report problems without fear. Your employer cannot threaten you, fire you, reduce your hours, or take negative action against you for exercising your rights. If they do, you may face penalties. Furthermore, employers who attempt to use or threaten to disclose your immigration status to conceal employment violations will be subject to even harsher penalties.

How to file a complaint

If your employer fails to comply with the law, you can file a complaint with the NJDOL. If the violation is confirmed, your employer may be fined, and you may receive back wages and other compensation.

• You do not need a Social Security number to file a complaint.
• You can file a complaint online or call 609-292-2305.
• A trusted person can help you do this on your behalf.
• The NJDOL has multilingual staff and will keep your identity confidential.
• You can file a complaint anonymously, although investigations work best if you can be contacted.

It does not affect the “public charge”

Filing a complaint or recovering wages owed to you does not count as a “public charge” and should not affect a visa or permanent residency application.