What is a Wage Collection proceeding?

Am I required to be represented by an attorney? 

Is there a statute of limitations on filing a wage claim? 

Can I have my claim adjudicated at a Wage Collection proceeding if I am a bonafide independent contractor? 

Is there a monetary limit on claims heard at a Wage Collection proceeding? 

What happens if a monetary Award for wages is not paid? 

Can a decision be appealed? 

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Q. What is a Wage Collection proceeding?
 
A. The Wage Collection section conducts formal proceedings to resolve disputes between employers and employees over the payment of wages up to $30,000.00. The proceedings are recorded and employers and employees are sworn in and required to provide evidence to prove their claim.

Q. Am I required to be represented by an attorney?

A. No. Either party may choose to be represented, however it is not a requirement. The State of New Jersey will not provide you with an attorney and if you wish to be represented it will be necessary for you to retain your own attorney.

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.

Q. Can I have my claim adjudicated at a Wage Collection proceeding if I am a bonafide independent contractor?

A. No. The Wage Collection section may only hear claims where there is an employer – employee relationship. If you are a bonafide independent contractor, you must file a civil suit in a court of competent jurisdiction.

Q. Is there a monetary limit on claims heard at a Wage Collection proceeding?

A. Yes. The maximum dollar amount on claims heard at a Wage Collection proceeding is $30,000.00. If your claim exceeds $30,000.00 then you must waive any amount of your claim in excess of $30,000.00. If you do not wish to waive the excess, you may wish to file a civil suit in a court of competent jurisdiction.

Q. What happens if a monetary Award for wages is not paid?

A. Failure to submit payment of an Award will result in the monetary amounts being docketed as a judgment in the New Jersey Superior Court.

Q. Can a decision be appealed?

A. Yes. Either party may appeal the decision of the Wage Collection Referee. They must file a written notice of appeal with the Wage Collection section within twenty (20) calendar days after the date of decision. Appeals will be referred to the Superior Court of New Jersey. A surety bond is required from the employer wherein an Award was made for the full amount listed on the summons complaint that had been previously served on the Defendant (employer). The surety bond must be obtained for double the amount of the Award, Administrative fee, and summons costs along with a $7.20 filing fee.