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Governor Phil Murphy • Lt. Governor Tahesha Way

My Work Rights

Protecting the Rights of Immigrant Workers in NJ

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New Jersey welcomes all workers including immigrants and refugees. The New Jersey Department of Labor and Workforce Development (NJDOL) protects all workers, regardless of their immigration status.  

We treat all workers equally and maintain privacy

  • NJDOL serves all workers regardless of their immigration or citizenship status.
  • We don’t ask workers about their immigration or citizenship status.
  • NJDOL is a state department. We are separate from the federal government.
  • We have strong regulations to protect the personal information of workers.
  • NJDOL does not voluntarily share workers’ personal information with federal immigration authorities.
  • If federal immigration authorities request the personal information of workers from NJDOL, they must present a valid subpoena or warrant signed by a judge.

Overview of your work rights

No matter your immigration status, your work rights include:

  • Pay for all hours worked, and at least the State minimum wage, overtime in most circumstances, and prevailing wage on public works projects
  • Paid sick time to care for yourself and loved ones for up to 40 hours per year
  • Correct employment status (workers incorrectly labeled as independent contractors or paid off the books do not receive their work rights and benefits)
  • Protections under the Temporary Workers’ Bill of Rights, Domestic Workers’ Bill of Rights, Child Labor Laws, and all other Wage and Hour Laws
  • And more

NJDOL protects workers from retaliation:

  • New Jersey law protects you from retaliation.
  • You can ask questions, learn about your rights, and report issues.
  • Your employer cannot threaten you, fire you, cut your hours, or take other negative actions for exercising your legal rights. If they do, they can face penalties.

More protections for immigrants:

  • Employers cannot disclose, or threaten to disclose, your immigration status to hide that they broke certain laws. If they do, they face bigger penalties. Learn more about this law.

Report problems to NJDOL

If your employer doesn’t follow the law, you can file a complaint with NJDOL. If they break the law, they may face fines and penalties, and you may be eligible for backpay and other remedies.

You don’t need a Social Security Number to file a complaint.

  • File a complaint online or call 609-292-2305.
  • A trusted person can help file a complaint or contact NJDOL on your behalf.
  • We have multilingual staff ready to assist you.
  • We won’t share your identity and other personally identifiable information with your employer without your permission. Click here for more information.
  • You can file an anonymous complaint, but investigations work best when we can contact you.

Does not impact public charge

Filing a complaint or getting the wages you are owed is not considered a “public charge.” It should not impact your application for a visa or green card. Learn more here.

Additional support

State resources:

You can also learn about our outreach partners.

Federal resources:

U.S. Department of Justice - List of Pro Bono Legal Service Providers 

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