The employee regularly earns at least a set amount in tips each month.

The combination of the base wage and tips equals at least the state minimum wage.

In 2025, the cash wage for tipped workers in New Jersey is <a href="https://www.nj.gov/labor/wageandhour/assets/PDFs/minimumwage_postcard.pdf">$5.62 per hour</a>.

The employer can take a tip credit of $9.87 per hour.

Combined, the total must equal the state minimum wage of $15.49 per hour.

Real Life Example of How Tipped Minimum Wage Works

Failing to make up shortfalls when tips don’t reach the minimum wage.

Illegal tip pooling that includes managers or kitchen staff who don’t directly serve customers.

Requiring tip-outs that take too large a percentage of tips away from servers.

Misclassification of workers as independent contractors when they are actually employees.

Failure to pay overtime correctly, using only the tipped minimum wage instead of the full minimum wage as the basis.

Not paying for all hours worked, such as prep time or closing duties when no tips are earned.

Ignoring broader wage requirements, such as the <a href="/blog/nj-prevailing-wage-law">prevailing wage for public work projects</a>, which may affect service employees brought in under government contracts.

You must receive enough in wages and tips combined to meet or exceed the state minimum wage.

You have the right to keep all your tips, except in a valid tip pool with other tipped employees.

You cannot be forced to share tips with managers, owners, or back-of-house staff who do not customarily receive tips.

Employers cannot retaliate against you for asking questions or filing complaints about wages.

You have the right to sue if your employer violates wage laws, and in some cases, you may recover unpaid wages, damages, and attorney’s fees.

What Workers Can Do If They Suspect Wage Violations

Keep your own records. Track your hours worked, tips earned, and any deductions.

Check your pay stubs. Employers are required to provide information on hours, pay rate, and deductions.

Ask questions. Sometimes errors are mistakes that can be corrected if raised.

File a complaint. You can file a claim with the <a href="https://www.nj.gov/labor/">New Jersey Department of Labor and Workforce Development (NJDOL)</a>.

Seek legal advice. A wage and hour lawyer in NJ can help determine whether your employer violated the laww and what remedies are available.

Questions About Tipped Minimum Wage? Contact Us For Free Consultation

Tipped Minimum Wage in NJ: What Workers Need to Know

Employers cannot deny opportunities or training based on gender.

Interns must be protected from sexual harassment.

Assignments and workloads must be distributed fairly.

Evaluations and recommendations cannot be biased by gender stereotypes.

Understanding Gender Bias In The Workplace

Assuming certain tasks should be given to men or women based on stereotypes

Unequal access to projects, mentorship, or networking opportunities

Sexual harassment, inappropriate jokes, or unwanted attention

Penalizing women for being “too assertive” while rewarding men for the same behavior

Treating requests for flexible scheduling differently depending on gender

Paying closer attention to appearance or dress standards for one gender than for another

Creating situations where <a href="/blog/gender-bias-and-remote-work-are-women-at-a-disadvantage-in-nj">remotely working women are at a disadvantage</a>, such as being excluded from networking or key assignments.

What Counts As Gender Bias Under The NJLAD

They cannot be denied opportunities or assignments because of gender.

They cannot be subjected to a hostile work environment because of gender-based harassment.

They cannot be treated unequally compared to other interns or employees based on gender.

They are protected against retaliation for complaining about gender discrimination.

Power imbalance — Interns rely on supervisors for references and career opportunities.

Short-term status — Because they are temporary, interns may be overlooked or not taken seriously.

Lack of pay — Unpaid interns may feel they have less leverage to demand fair treatment.

Departmental culture — <a href="/blog/gender-discrimination-in-nj-sales-teams">Gender bias in areas like sales teams</a> can surface in who gets leads, face time with clients, or credit for group work, leaving interns particularly exposed.

Assigning women interns mostly administrative tasks while men interns get client-facing or technical work.

Socializing or networking events geared toward one gender, excluding others.

Male supervisors showing favoritism toward male interns when recommending candidates for job openings.

Female interns facing comments about appearance, clothing, or relationship status.

Male interns being discouraged from pursuing roles in industries stereotyped as “female,” such as nursing or education.

Having clear anti-discrimination and anti-harassment policies that include interns

Training supervisors and staff who work with interns on appropriate conduct

Providing reporting channels for interns to raise concerns safely

Taking all complaints seriously and investigating promptly

Avoiding retaliation against interns who report issues

What Interns Should Do If They Experience Gender Bias

Document incidents. Keep notes of what happened, when it occurred, and who was involved.

Review policies. Many internship programs provide handbooks or policies that outline reporting procedures.

Report concerns. If you feel comfortable, raise the issue with a supervisor, HR, or program coordinator.

Seek outside help. You can file a complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights</a> or the <a href="https://www.eeoc.gov/">EEOC</a>.

Consult a lawyer. A gender discrimination lawyer in NJ can advise whether your experience rises to the level of unlawful discrimination or harassment.

Have Questions About Unpaid Internship Claims? Contact Us For Legal Guidance

Are Unpaid Internships in NJ Vulnerable to Gender Bias Claims?

Adjusting job duties that are not essential

Allowing remote or hybrid work arrangements

When Remote Work Can Be A Reasonable Accommodation

An employee with a mobility impairment who has difficulty commuting.

A worker with a compromised immune system who needs to avoid high-risk environments.

<a href="/blog/epilepsy-and-employment-rights-in-nj">An employee with epilepsy</a> who may face health or safety challenges in certain in-person settings.

A worker with a mental health condition that is exacerbated by a traditional office environment.

An employee recovering from surgery who can perform most tasks from home temporarily.

A cashier at a grocery store cannot reasonably perform their job remotely, because the role requires in-person interaction.

A data analyst, however, may be able to perform nearly all essential functions from a computer at home — which is why denying remote work in fields like these can raise concerns about <a href="/blog/navigating-disability-discrimination-claims-in-nj-s-tech-sector">disability discrimination in tech</a>.

The effect on other employees’ ability to do their jobs

Whether remote work would fundamentally alter how the business operates

The employee explains the disability-related limitation and the accommodation requested.

The employer considers the request in good faith.

Both sides discuss possible options, including alternatives if full remote work is not feasible.

Federal Guidance On Remote Work Accommodation

Put your request in writing and be specific about how remote work would help with your disability.

Provide medical documentation if requested, but only what is necessary to support the accommodation.

Emphasize how you can perform the essential functions of your job from home.

Be open to alternatives, like hybrid arrangements or other accommodations.

Document all communications with your employer in case of future disputes.

Train managers and HR on the requirements of the NJLAD and ADA, including rules surrounding <a href="/blog/what-nj-employees-should-know-about-disability-related-medical-exams">disability-related medical exams</a>.

Review job descriptions to clearly define essential functions.

Engage in the interactive process with employees rather than rejecting requests outright.

Consider whether technology already in place makes remote work feasible.

Document all discussions and decisions in case the decision is challenged.

Denied an Accomodation? Contact Us For Your Free Consultation

Can an NJ Employer Deny Remote Work as a Disability Accommodation?

Employers cannot refuse to hire someone because they are pregnant.

Employers must treat pregnant applicants and employees the same as others with similar ability to work.

Employers may be required to provide reasonable accommodations related to pregnancy, such as schedule adjustments or modified duties, and they cannot engage in <a href="/blog/legal-protection-against-pregnancy-bias-during-nj-job-transfers">pregnancy bias during job transfers or reassignments</a>.

What Candidates Should Know About Pregnancy Disclosure&nbsp;

You do not have to disclose pregnancy during an interview.

If you choose to disclose, the employer cannot ask further pregnancy-related questions.

Employers cannot reject you for the role because of pregnancy.

If you are hired, you have a right to reasonable accommodations under the PWFA.

The candidate voluntarily mentions their pregnancy.

The interviewer suspects or assumes the candidate may be pregnant, based on appearance or other comments.

What Employers Cannot Do During Interviews

Do not ask about pregnancy directly. Questions like “Are you pregnant?” or “Do you plan to have children soon?” are off-limits.

Do not press for details. If a candidate discloses they are expecting, employers cannot ask about due dates, medical conditions, or childcare arrangements: doing so risks crossing into <a href="/blog/pregnancy-related-harassment-what-constitutes-illegal-conduct-in-nj">illegal pregnancy-related harassment</a>.

Do not change the focus. The discussion should remain about the candidate’s skills, qualifications, and ability to do the job.

Do not make assumptions. Employers cannot assume a pregnant applicant will be unreliable, less committed, or unable to perform the job.

Do not base hiring decisions on pregnancy. Rejecting a qualified candidate because of pregnancy is unlawful discrimination under both federal and state law.

Acknowledge neutrally. If the candidate mentions pregnancy, a simple acknowledgment is enough. Example: “Thank you for sharing. Let’s continue talking about your experience.”

Stay on job-related topics. Continue asking about skills, past performance, and qualifications.

Evaluate objectively. Base decisions on whether the applicant can perform the essential functions of the job, with or without reasonable accommodations.

Be aware of accommodations. If the applicant raises the need for accommodations, the employer should signal willingness to comply with New Jersey’s Pregnant Workers Fairness Act. This includes <a href="/blog/employer-responsibilities-during-pregnancy-complications-in-nj">employer responsibilities if pregnancy complications arise</a>, such as providing modified duties, flexible scheduling, or other reasonable adjustments.

Document fairly. Keep interview notes focused on qualifications, not personal information like pregnancy.

Best Practices For Employers In New Jersey

Training interviewers. Make sure hiring managers know what they can and cannot ask.

Standardizing interviews. Use consistent questions for all candidates to reduce bias.

Focusing on essential functions. Keep discussions centered on whether candidates can perform the core duties of the role.

Creating inclusive policies. Make it clear in company materials that pregnancy discrimination will not be tolerated.

Seeking legal advice. When in doubt, consult with employment counsel about tricky situations.

You Don’t Have to Handle This Alone. Contact Us For Free Consultation

How NJ Employers Should Handle Pregnancy Disclosure During Interviews

What Racial Bias In Discipline Looks Like

Employees of color being punished more harshly than white coworkers for the same mistakes.

Certain workers being written up frequently for minor infractions while others’ behavior is overlooked.

A pattern of employees of color being denied “second chances” or progressive discipline steps.

Supervisors citing vague reasons like “attitude” or “not a good fit” disproportionately against employees of color.

Disciplinary investigations that seem one-sided, ignoring evidence in favor of workers of color.

Unequal access to HR resources or appeals processes when discipline is challenged.

Assuming certain employees are less reliable or less professional.

Interpreting assertiveness from employees of color as aggression.

Expecting stricter compliance with rules from one group while overlooking the same conduct from others.

A “zero tolerance” tardiness policy that results in terminations, even though commuting challenges disproportionately affect certain groups.

A grooming or appearance rule that penalizes natural hairstyles — a form of <a href="/blog/discrimination-against-natural-hairstyles-in-nj-workplaces">discrimination against natural hairstyles</a> that has historically targeted Black employees.

An attendance policy that fails to accommodate cultural or religious observances tied to race or ethnicity.

An employee is constantly written up for minor mistakes while coworkers are not.

Supervisors make repeated comments suggesting certain workers “don’t belong” or “don’t fit the culture.”

Employees of color are routinely excluded from training or advancement opportunities after disciplinary write-ups.

Employers enforcing <a href="/blog/when-customer-preferences-lead-to-racial-discrimination-claims-in-nj">racially discriminatory customer preferences</a>, such as disciplining workers of color more harshly because certain clients “prefer” to deal with white employees.

Anti-Black bias remained the most common race-based motivation, with 1,101 reported incidents in 2023, representing 34% of all reported bias motivations.

Anti-Jewish bias was the most common religion-based motivation, with 708 reported incidents in 2023, representing 22% of all reported motivations.

Anti-Muslim bias incidents increased significantly — from 61 in 2022 to 107 in 2023, a 75% rise.

Anti-Arab bias incidents also rose sharply — from 46 in 2022 to 78 in 2023, nearly a 70% increase.

You Deserve a Workplace Built on Respect, Not Bias

Unfairly Disciplined at Work? We’re Here to Help.

Recognizing Racial Bias in NJ Employee Disciplinary Actions

What Counts As Whistleblowing In New Jersey

In violation of public health, safety, or environmental standards

Reporting concerns to a supervisor or compliance officer

Filing complaints with government agencies

Refusing to participate in illegal activities

Testifying in investigations or legal proceedings

Negative performance reviews made in bad faith

Blacklisting or interfering with future job opportunities

Blacklisting And Limiting Your Future Career&nbsp;

Giving false negative references to potential employers

Adding you to an internal “do not hire” or “blacklist”

Threatening future employers with lost business if they bring you on

The Role Of Non-Disparagement And Non-Compete Clauses

Non-disparagement clauses often appear in severance or settlement agreements. They may try to prevent you from saying negative things about your former employer. But under CEPA and New Jersey public policy, these clauses cannot be enforced if they stop you from truthfully reporting unlawful conduct.

Non-compete agreements can restrict your ability to work in the same industry for a competitor. While New Jersey courts sometimes enforce non-competes if they are reasonable in scope, they scrutinize them closely when whistleblower rights are at stake. For example, <a href="/blog/nj-whistleblower-protections-in-government-contracting">whistleblower protections in government contracting</a> — or in any industry where public funds and compliance are critical — mean an employer cannot use a non-compete as punishment for whistleblowing.

How Courts Treat Whistleblower Retaliation

Did you engage in protected whistleblowing activity?

Did your employer take action against you?

Is there a causal connection between your whistleblowing and the retaliation?

Employers want to discourage others from speaking up.

Managers take it personally when employees go outside the chain of command.

Companies worry about financial or reputational damage from reports.

Some employers think retaliation is too hard to prove.

How To Protect Yourself and Your Future Career Opportunities

Document what’s happening. Keep records of your whistleblowing activity, including emails, complaints, and reports.

Track retaliation. If you suspect blacklisting or false references, document who said what, when, and how it affected you.

Request copies. If you signed a severance or settlement agreement, review any non-compete or non-disparagement clauses carefully.

File complaints. CEPA claims can be filed in court, but you can also report retaliation to agencies like the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division of Civil Rights</a>.

Talk to a lawyer early. An experienced NJ whistleblower lawyer can help you understand your options and preserve evidence before it disappears.

Signs You May Be Facing Career Retaliation

Multiple potential employers suddenly lose interest after speaking with your old boss.

You hear from contacts that your former employer is spreading negative information.

References that were once positive turn strangely negative.

A competitor tells you they were warned not to hire you.

Doing the Right Thing Shouldn’t Limit Your Career

Protect Your Future Opportunities: Contact Us For Your Free Consultation

Whistleblower Retaliation: Can NJ Employers Limit Your Future Job Opportunities?

What Counts As Age-Based Harassment in New Jersey?

Jokes or remarks about “being too old” for certain tasks.

Excluding older employees from training or career development opportunities.

Passing over older workers for promotions while favoring younger ones.

Assuming older workers can’t handle technology or new methods.

Reducing job responsibilities because of assumptions about age.

The ADEA only protects employees over 40.

The NJLAD protects all employees age 18 and older.

What Age-Based Harassment in NJ Looks Like In Practice

Whether the behavior interferes with an employee’s ability to do their job.

Whether management knew or should have known and failed to act.

An older worker was repeatedly called “grandpa” by colleagues and denied training opportunities.

A company laid off older workers while keeping younger, less qualified employees.

An employer pressured an older employee to retire and made age-related jokes until they resigned.

What Employees Can Do If They Face Age-Based Hostility

How Employers Can Prevent Age-Based Discrimination

Implementing clear anti-discrimination policies that specifically cover age.

Training managers and employees to recognize and prevent age-based comments or behaviors.

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