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Remote’s guide to employing in

New Jersey
new-jersey flag

Make employment in New Jersey easy. Let us handle payroll, benefits, taxes, compliance, and even stock options for your team in New Jersey, all in one easy-to-use platform.

Services available in this country:
Employer of Record ProductPayrollContractor Management
  • Capital City

    Trenton

  • Currency

    United States Dollar ($, USD)

  • Population size

    93,000,000

Services available in this country:
Employer of Record ProductPayrollContractor Management

Facts & Stats

  • Capital City

    Trenton

  • Currency

    United States Dollar ($, USD)

  • Population size

    93,000,000

  • VAT - standard rate

    7%

Home to some of the US’s most iconic locales — such as Princeton and Atlantic City — New Jersey is the ultimate work-hard, play-hard state. 

It boasts a diverse economic landscape (particularly in the pharmaceutical and finance sectors) and access to world-class educational institutions, while its proximity to New York City makes it an attractive destination for many skilled workers.


Grow your team in New Jersey with Remote

If you want to hire in New Jersey, you’ll need to own a legal entity there — or partner with a global employment solutions provider, like Remote.  

We can employ top talent in New Jersey on your behalf and manage complex HR tasks such as onboarding, payroll, benefits, and taxes. You can also manage and pay your contractors in New Jersey through Remote.


Risks of misclassification

New Jersey, like many other countries, treats self-employed individuals or contractors and full-time employees differently. Misclassification of contractors in New Jersey may lead to fines and penalties for the offending company.

Employing in New Jersey

In New Jersey, workers’ rights are protected by numerous employment and labor laws, at both the state and federal level. As a result, employees enjoy protection from discrimination based on age, religion, sexual orientation, gender, and race.

Here are the key things you need to know about hiring in New Jersey.

Hours of work in New Jersey

Work and overtime laws in New Jersey are governed by the state’s Department of Labor and Workforce Development.

What is considered full-time employment in New Jersey?

Full-time employment is generally considered to be between 30 and 40 hours per week, although this is not defined by law. In some industries, 25 hours is considered a full-time week.

Do salary employees get overtime in New Jersey?

Under the federal Fair Labor Standards Act, non-exempt employees are entitled to overtime pay of 1.5x their regular pay rate if they work more than 40 hours in a week.

Employees are generally (but not always) exempt from overtime if they:

  • Earn more than the specified state or federal exemption threshold

  • Perform a role with duties that are considered executive or managerial

  • Work in a certified or licensed profession, such as law, accounting, architecture, or engineering

In New Jersey, the salary threshold for exemption is currently $684 per week, which is the federal minimum.

Note that the federal salary threshold for exemption is currently being reviewed in the US.

Minimum wage in New Jersey

The minimum wage for private sector employees in New Jersey is $15.13 per hour, or $13.93 for companies with fewer than six employees.

Onboarding timeline in New Jersey

We can help you get your new employee started in New Jersey fast, with a minimum onboarding time (MOT) of just 2 working days. Note that the MOT is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Remote platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Remote’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll cycle in New Jersey

Under state law, employees must be paid at least twice per month, although some executive and supervisory roles can be paid monthly.

For Remote customers, employee payments are made twice per month in equal installments, payable in arrears. The first payment is made on the 15th of the month and the second payment is made on the final day of the month. If relevant, bonus payments, commissions, and expense reimbursements are included in the second payment of the cycle.


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Competitive benefits package in New Jersey

Remote can help you craft a competitive benefits package to attract and retain the best global talent. Our benefits experts understand the trends, requirements, and expectations of the New Jersey labor market, allowing your employees to feel appreciated and thrive.

Our benefits packages in New Jersey usually include some or all of the following:


  • Pension or 401(K)

  • Medical insurance

  • Vision insurance

  • Health Saving Plan (HSA)

  • Long term disability insurance (LTD)

  • Dental insurance

  • Life insurance

  • Flexible Spending Account (FSA)

Under the federal Affordable Care Act, organizations with a headcount of 50 or more must offer statutory health insurance to their full-time employees.

Many employers also offer some level of supplemental health insurance. While this can lead to a relative rise in employment costs, it’s an essential benefit that ensures your people have access to routine care and are covered in the event of an emergency. 

Because Remote is the employer of record (EOR), it’s important for us to offer the same core benefits to all employees to ensure fair and non-discriminatory hiring practices. This protects both your business and ours.

Note that we do not add a markup on any benefits premiums or administration costs.

Are employers required to offer 401k in New Jersey?

The state is currently in the process of mandating qualified savings plans for private sector employees.

Under this legislation, you will need to enroll your employees into the New Jersey Secure Choice Savings Program (or another recognized retirement plan).

Note that this will only apply to your business if it:

  • Has at least 25 employees

  • Has been a registered business for at least two years

The pilot program is due to start in 2024, with a phased rollout later in the year.


Taxes in New Jersey

Employment taxes and statutory fees affect both your payroll and your employees’ paychecks in New Jersey.

Note that your employees may be liable for additional local taxes in certain areas.

Employer taxes

Employment Tax

6%

Federal unemployment insurance tax (FUTA) (charged on the first $7,000 an employee earns per year)

0.6% to 6.4%

State unemployment insurance tax (SUTA)

6.2%

FICA (Social security)

1.45%

FICA (Medicare)

Employee taxes

Payroll Tax

10% to 37%

Federal income tax

1.4% to 10.75%

State income tax

6.2%

FICA (Social security)

1.45%

FICA (Medicare)

Types of leave in

Vacation

In New Jersey, there is no state or federal law that requires employers to provide paid or unpaid vacation leave to their employees, although many organizations do.

Sick leave

Under state law, employees are entitled to one hour of paid sick leave for every 30 hours worked. 

Can an employer deny sick time in New Jersey?

Under the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid sick leave per year, provided they:

Have worked for the same employer for at least 12 months

Work in a location where at least 50 people are employed by the company within a 75-mile radius

Parental and maternity leave

Under state law, employees are entitled to up to 12 weeks’ unpaid leave, provided their employer has at least 30 employees. Some employees may be eligible to receive partial wages during this period.

Employees are also entitled to up to 12 weeks of unpaid maternity or paternity leave under the FMLA.

Bereavement leave

Employers are not legally required to provide bereavement leave to their employees, although most organizations offer unpaid leave.

Jury duty

Employees must report for jury duty if summoned (unless exempt). Jurors are typically “on call” for two weeks.

Do employers have to pay for jury duty in New Jersey?

No. Private sector employers are not required to pay employees on jury service, but they must provide unpaid leave, and cannot penalize or terminate an employee on jury duty. Some employers provide paid leave.

Military leave

Under state and federal law, employers must grant unpaid leave to employees who are members of the military or the National Guard for military duty or training.

These employees have the right to take time off for their military obligations, and employers are prohibited from discriminating against them based on their military service.

Employment termination in New Jersey

Termination process

Like nearly all US states, New Jersey is an “at-will” state. This means both employers and employees can end the employment relationship without reason, provided it is legal.

Remote’s legal experts can help you navigate terminations to ensure employees are only let go fairly, negating any potential legal complications.

Notice period

Employers and employees are not required to provide notice of termination, unless otherwise stated in the employment contract.

Despite this, it's usually customary for employees to provide two weeks' notice when leaving an organization.


Severance pay

Employers are not legally required to provide severance pay (unless it is stipulated in the employee's contract or in the company policy).

Employers are also not required to pay any accrued but unused vacation time or sick leave, unless stipulated in the employment agreement.

Probation periods

There is no requirement to provide a probation period for employees, although many companies implement internal probation policies. These policies typically involve a formal performance evaluation after a specified period, such as three or six months.