New Jersey Fast Food & Counter Worker Overtime & Pay Rules
Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under N.J.S.A. 34:11-56a.
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In New Jersey, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $15.13/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under N.J.S.A. 34:11-56a.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in New Jersey
Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)
Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.
New Jersey Labor Code & FLSA Authority
Statutory Citation: N.J.S.A. 34:11-56a
New Jersey minimum wage ($15.13/hr) reached statutory milestone under 2019 legislation. Mandatory Earned Sick Leave Act applies.
Employee Statutory Rights (NJ)
- ✓ Statutory minimum wage of $15.13/hr ($5.26 tipped direct rate).
- ✓ Earned Sick Leave Act: 1 hour accrued paid sick leave per 30 hours worked (up to 40h/yr).
- ✓ 1.5x regular pay for hours over 40 per workweek.
Employer Mandatory Obligations (NJ)
- § Pay tipped workers at least $5.26/hr direct cash wage.
- § Provide written Earned Sick Leave notice upon hire.
- § Comply with strict state paystub disclosure requirements.
Common New Jersey Payroll Compliance Traps & Audit Penalties
Failing to make up tip credit shortfalls below $15.13/hr.
Restricting earned sick leave usage for legitimate employee health needs.
Misclassifying delivery drivers as independent contractors.
Managing payroll or shift workers in New Jersey?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Audit New Jersey Fast Food & Counter Worker Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in New Jersey.