How to File a Wage Claim FAQs
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May I file an anonymous claim?
Where do I send my claim form?
Will my employer be notified that I filed a claim?
What can I do to speed up the claim process?
Can a group of employees jointly file a claim?
If a case representing my claim has already been filed in a court of law, may I file a wage claim?
If I am a bona fide independent contractor, may I file a wage claim?
If I am a state, county, municipal, or board of education employee, may I file a wage claim?
What happens after I file a claim?
Will I be notified of the results of the investigation?
What happens if the results of the investigation are not in my favor?
If I was unfairly terminated, can Wage and Hour help me?
Is there a statute of limitations on filing a wage claim?
Q. May I file an anonymous claim?
A.Yes. You may file an anonymous claim, but you will not receive any information about your claim unless a resolution is reached with your employer and wages due are sent as part of the resolution.
To file an anonymous claim, write "ANONYMOUS" in the name section of the claim form, and leave the address blank. You must file your claim by mail or fax; you cannot file your claim by email and remain anonymous.
Q. Where do I send my claim form?
A. Mail or fax your completed form to:
A. It depends. Staff in Wage and Hour Compliance will try not to reveal the complainant's identity to the employer; however, your employer has the right, under the Open Public Records Act (OPRA), to request all information on this claim.
Q. What can I do to speed up the claim process?
A. Be sure to answer all questions on the claim form. Incomplete forms will be returned to you for completion. Attach copies of any documentation that supports your claim. Please DO NOT send originals.
Q. Can a group of employees jointly file a claim?
A. No. Only individuals may file a wage claim. Each individual must complete a separate form.
Q. If a case representing my claim has already been filed in a court of law, may I file a wage claim?
A. No. Wage and Hour Compliance will not be able to process your claim if a case representing your claim has already been filed in a court of law.
Q. If I am a bona fide independent contractor, may I file a wage claim?
A. No. If you are a bona fide independent contractor, you must bring your claim to the small claims court in the county where the employer resides or conducts business.
Q. If I am a state, county, municipal, or board of education employee, may I file a wage claim?
A. No. If you are a state, county, municipal, or board of education employee, Wage and Hour Compliance does not have jurisdiction. You must call the U.S. Department of Labor at (609) 538-8310.
Q. What happens after I file a claim?
A. Within 10 days of receiving your claim, Wage and Hour Compliance will mail you an acknowledgement letter listing your claim number. (Please be ready to provide your claim number whenever you contact Wage and Hour about your claim.)
We will review your claim to verify that Wage and Hour Compliance has jurisdiction. If your claim does not fall within our jurisdiction, we will return your claim to you, with an explanation.
Depending on the nature of the claim, your claim will be assigned to a field investigator, handled by mail, or scheduled for a Wage Collection proceeding.
Q. Will I be notified of the results of the investigation?
A.Yes. After we complete the investigation, you will be notified of the results. If the decision is favorable to you and your employer owes you money, we will notify your employer. The employer may issue the payment directly to you or send payment to us, which we will forward to you.
There is no way to determine in advance how long it will take to complete the investigation into your complaint. If you are concerned about the status of your case, please call the Division at (609) 292-2305 and provide your claim or case number (from your acknowledgement letter) and the claims agent will advise you as to the status. Usually, when there is a field investigation, you will be contacted by the field investigator who will provide you with his or her telephone number so that you can make future contact about the status of your claim.
Q. What happens if the results of the investigation are not in my favor?
A. If the decision is unfavorable to you, we will notify you by mail, and you will have the option of pursuing your claim through a Wage Collection proceeding. If you chose this option, you must notify Wage and Hour Compliance in writing and we will then schedule you for a proceeding.
It will be necessary for you to attend the proceeding, present evidence in support of your complaint and waive any amount of your complaint in excess of $30,000. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction.
Q. If I was unfairly terminated, can Wage and Hour help me?
A. Wage and Hour Compliance has jurisdiction in termination cases only when the termination results from a wage complaint. If you believe your employment was terminated because you complained about your wages, be sure to include this information on your claim form.
If your employment was terminated for any other reason, staff in Wage and Hour Compliance cannot assist you. New Jersey is an "employment-at-will" state, meaning that either an employer or employee may end employment at any time, without reason or notice.
If you believe your employment was terminated for reasons that constitute discrimination, call the Division on Civil Rights at (609) 292-4605 or visit their website at www.nj.gov/oag/dcr.
Q. Is there a statute of limitations on filing a wage claim?
A. Yes. There is a two (2) year statute of limitations on claims for unpaid minimum wage and overtime. All other claims have a six (6) year statute of limitations.
Where do I send my claim form?
Will my employer be notified that I filed a claim?
What can I do to speed up the claim process?
Can a group of employees jointly file a claim?
If a case representing my claim has already been filed in a court of law, may I file a wage claim?
If I am a bona fide independent contractor, may I file a wage claim?
If I am a state, county, municipal, or board of education employee, may I file a wage claim?
What happens after I file a claim?
Will I be notified of the results of the investigation?
What happens if the results of the investigation are not in my favor?
If I was unfairly terminated, can Wage and Hour help me?
Is there a statute of limitations on filing a wage claim?
Q. May I file an anonymous claim?
A.Yes. You may file an anonymous claim, but you will not receive any information about your claim unless a resolution is reached with your employer and wages due are sent as part of the resolution.
To file an anonymous claim, write "ANONYMOUS" in the name section of the claim form, and leave the address blank. You must file your claim by mail or fax; you cannot file your claim by email and remain anonymous.
Q. Where do I send my claim form?
A. Mail or fax your completed form to:
Division of Wage and Hour ComplianceQ. Will my employer be notified that I filed a claim?
P.O. Box 389
Trenton, New Jersey 08625-0389
Fax: (609) 695-1174
A. It depends. Staff in Wage and Hour Compliance will try not to reveal the complainant's identity to the employer; however, your employer has the right, under the Open Public Records Act (OPRA), to request all information on this claim.
Q. What can I do to speed up the claim process?
A. Be sure to answer all questions on the claim form. Incomplete forms will be returned to you for completion. Attach copies of any documentation that supports your claim. Please DO NOT send originals.
Q. Can a group of employees jointly file a claim?
A. No. Only individuals may file a wage claim. Each individual must complete a separate form.
Q. If a case representing my claim has already been filed in a court of law, may I file a wage claim?
A. No. Wage and Hour Compliance will not be able to process your claim if a case representing your claim has already been filed in a court of law.
Q. If I am a bona fide independent contractor, may I file a wage claim?
A. No. If you are a bona fide independent contractor, you must bring your claim to the small claims court in the county where the employer resides or conducts business.
Q. If I am a state, county, municipal, or board of education employee, may I file a wage claim?
A. No. If you are a state, county, municipal, or board of education employee, Wage and Hour Compliance does not have jurisdiction. You must call the U.S. Department of Labor at (609) 538-8310.
Q. What happens after I file a claim?
A. Within 10 days of receiving your claim, Wage and Hour Compliance will mail you an acknowledgement letter listing your claim number. (Please be ready to provide your claim number whenever you contact Wage and Hour about your claim.)
We will review your claim to verify that Wage and Hour Compliance has jurisdiction. If your claim does not fall within our jurisdiction, we will return your claim to you, with an explanation.
Depending on the nature of the claim, your claim will be assigned to a field investigator, handled by mail, or scheduled for a Wage Collection proceeding.
- Assigned to a field investigator - If your claim is assigned to a field investigator, the field investigator may contact you for additional information. After the investigator has all the information, he/she will make an in-person visit to the employer.
- Handled by mail - If your claim involves only you (e.g. you did not receive your last paycheck), it will be handled by mail. The employer will be contacted by mail and given the opportunity to either pay the wages due or explain why the wages are not due.
- Scheduled for a Wage Collection proceeding - If your claim involves any kind of benefit that arises from an employment contract (e.g. vacation, holiday, commission, severance, or bonus pay), you will be scheduled for a Wage Collection proceeding.
It will be necessary for you to participate in the proceeding, present evidence in support of your claim and waive any amount of your claim in excess of $30,000. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction.
Wage Collection proceedings are conducted either in-person or by telephone. The type of proceeding scheduled is determined by the Wage Collection section. Most in-person proceedings are held in Trenton; however, other locations are available upon request.
Q. Will I be notified of the results of the investigation?
A.Yes. After we complete the investigation, you will be notified of the results. If the decision is favorable to you and your employer owes you money, we will notify your employer. The employer may issue the payment directly to you or send payment to us, which we will forward to you.
There is no way to determine in advance how long it will take to complete the investigation into your complaint. If you are concerned about the status of your case, please call the Division at (609) 292-2305 and provide your claim or case number (from your acknowledgement letter) and the claims agent will advise you as to the status. Usually, when there is a field investigation, you will be contacted by the field investigator who will provide you with his or her telephone number so that you can make future contact about the status of your claim.
Q. What happens if the results of the investigation are not in my favor?
A. If the decision is unfavorable to you, we will notify you by mail, and you will have the option of pursuing your claim through a Wage Collection proceeding. If you chose this option, you must notify Wage and Hour Compliance in writing and we will then schedule you for a proceeding.
It will be necessary for you to attend the proceeding, present evidence in support of your complaint and waive any amount of your complaint in excess of $30,000. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction.
Q. If I was unfairly terminated, can Wage and Hour help me?
A. Wage and Hour Compliance has jurisdiction in termination cases only when the termination results from a wage complaint. If you believe your employment was terminated because you complained about your wages, be sure to include this information on your claim form.
If your employment was terminated for any other reason, staff in Wage and Hour Compliance cannot assist you. New Jersey is an "employment-at-will" state, meaning that either an employer or employee may end employment at any time, without reason or notice.
If you believe your employment was terminated for reasons that constitute discrimination, call the Division on Civil Rights at (609) 292-4605 or visit their website at www.nj.gov/oag/dcr.
Q. Is there a statute of limitations on filing a wage claim?
A. Yes. There is a two (2) year statute of limitations on claims for unpaid minimum wage and overtime. All other claims have a six (6) year statute of limitations.
