Laws that Fall Outside of the Division’s Jurisdiction
While the New Jersey Division of Wage and Hour Compliance enforces many New Jersey labor laws, there are some areas where the Division does not have jurisdiction and cannot legally intercede.
Some of the areas and issues where the Division will not be able to assist you are as follows:
- If you were unfairly terminated due to discrimination, seek legal advice and/or contact the Division on Civil Rights
- If you are a federal, state, or municipal employee, contact the United States Department of Labor
- If the employer has filed for bankruptcy, contact the Bankruptcy Court and file a Proof of Claim
- If the employer is headquartered out of state and does not have a New Jersey office or agent, contact the United States Department of Labor
- If your complaint involves an issue which may be covered by a union contract or collective bargaining agreement, contact your shop steward or other union representative
- If you are an independent contractor, you can file a complaint with a court of competent jurisdiction in the county where the employer is located or conducts business. You may wish to seek legal advice
- If your complaint is based on an alleged violation of the Federal Law governing pensions and employee benefits, contact the United States Department of Labor, Employee Benefits Security Administration
If you are uncertain whether your employment or the issue in your case is covered, you are urged to file a wage complaint so that your complaint can be reviewed and it can be determined whether the Division has jurisdiction.