N.J. Admin. Code § 12:56-3.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 12:56-3.2 - Statutory minimum wage rate for specific years; small and seasonal employees

(a) Except as provided at N.J.A.C. 12:56-3.3 and 3.4, every employee of a small employer and every employee who is engaged in seasonal employment shall, effective January 1, 2024 , be paid not less than $ 13.73 per hour or the minimum wage rate set by section 6(a)(1) of the Federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), whichever is greater.

(b) For the period from January 1, 2020 through January 1, 2026, on an annual basis, on or about September 30, the Department shall, through a public notice published in the New Jersey Register, revise the minimum hourly wage set forth at (a) above, so as to be the greater of either an amount based on any percentage increase during the one-year period of August of the prior year through August of the current year of the consumer price index (CPI) for all urban wage earners and clerical workers (CPI-W, U.S. City Average), as released by the United States Department of Labor, Bureau of Labor Statistics, or the following:

1. For January 1, 2020, $ 10.30;

2. For January 1, 2021, $ 11.10;

3. For January 1, 2022, $ 11.90;

4. For January 1, 2023, $ 12.70;

5. For January 1, 2024, $ 13.73;

6. For January 1, 2025, $ 14.53; and

7. For January 1, 2026, an amount equal to $ 0.70 more than the rate of the preceding year.

(c) For January 1, 2027, on or about September 30, 2026, the Department shall, through a public notice published in the New Jersey Register, revise the minimum hourly wage set forth in (a) above by the same amount (not percentage) as the increase in the minimum hourly wage from January 1, 2026 to January 1, 2027, for employees covered under N.J.A.C. 12:56-3.1, plus one half of the difference between $ 15.00 per hour and the minimum hourly wage in effect on January 1, 2026, for employees covered under N.J.A.C. 12:56-3.1.

(d) For January 1, 2028, on or about September 30, 2027, the Department shall, through a public notice published in the New Jersey Register, revise the minimum hourly wage set forth in (a) above by the same amount (not percentage) as the increase in the minimum hourly wage from January 1, 2027 to January 1, 2028, for employees covered under N.J.A.C. 12:56-3.1, plus one half of the difference between $ 15.00 per hour and the minimum hourly wage in effect on January 1, 2026, for employees covered under N.J.A.C. 12:56-3.1.

(e) Beginning January 1, 2029, on an annual basis, on or about September 30, the Department shall revise the minimum hourly wage set forth in (a) above based on any percentage increase during the one-year period of August of the prior year through August of the current year of the consumer price index (CPI) for all urban wage earners and clerical workers (CPI-W, U.S. City Average), as released by the United States Department of Labor, Bureau of Labor Statistics. Annually, the Department shall, through a public notice published in the New Jersey Register, provide the new CPI-W, U.S. City Average, adjusted minimum hourly wage.

(f) The Department shall, no later than September 30 of each year, publish a notice, as set forth in (b), (c), (d), and (e) above, on the Department's website, http://www.nj.gov/labor/.

N.J. Admin. Code § 12:56-3.2

Adopted by 52 N.J.R. 1562(a), effective 8/3/2020

Administrative Change, 52 N.J.R. 2008(c).

Administrative Change, 53 N.J.R. 1850(b), effective 9/30/2021.

Administrative Change, 54 N.J.R. 1976(b), effective 9/16/2022

Administrative Change, 55 N.J.R. 2268(a), effective 9/26/2023