NEW JERSEY - Workers’ Rights

Definition of agricultural worker under state law:

• “Seasonal worker” is defined as any person who is engaged in any seasonal or temporary work for purposes of the state’s Seasonal Farm Labor Act. (N.J. STAT. § 34:9A-7.1.)

Wages and Overtime

Minimum Wage

•  There is a state minimum wage law. (N.J. Stat. § 34:11-56a4)
• General minimum wage: The state’s hourly minimum wage is:
  • $14.13 effective Jan. 1, 2023, through Dec. 31, 2023;
  • $15.13 effective Jan. 1, 2024, through Dec. 31, 2024
• Agricultural employers: Agricultural employers are employers with employees that work on a farm and are paid on a piece-rate or hourly basis.
• The hourly agricultural employer minimum wage is:
  • $12.01 effective Jan. 1, 2023, through Dec. 31, 2023;
  • $12.81 effective Jan. 1, 2024, through Dec. 31, 2024.
  • In 2023 and 2024, the minimum wage for agricultural employers will annually increase by 80 cents or based on changes to the consumer price index, whichever is greater.
• By March 31, 2024, the state agriculture secretary and the labor and workforce development commissioner will review the impact of the minimum wage on agricultural workers. They may recommend the minimum wage for agricultural workers to continue increasing as scheduled in state law, or they may recommend an alternative method of changing the minimum wage for agricultural workers. They may also recommend stopping any further minimum wage increases for agricultural employers. If the secretary and commissioner cannot agree on a recommendation, the governor will nominate a third member to break the tie. If the secretary and commissioner decide to recommend that the minimum wage continue increasing as scheduled, the hourly minimum wage will increase Jan. 1:
  • To $13.40 or based on changes to the consumer price index, whichever is greater, in 2025;
  • By 80 cents or based on changes to the consumer price index, whichever is greater, in 2026 and 2027;
  • By the same amount as the increase for the general minimum wage plus the difference between $15 and the general minimum wage rate in effect in 2027, in 2028, 2029, and 2030;
  • By 2030, the minimum wage for agricultural employers will be the same as the general minimum wage rate.
• On January 1 of each year from 2021 and 2024, the minimum wage shall increase in proportion to the consumer price index or by $1.00/hour, whichever is greater. (N.J. STAT. ANN. § 34:11-56a4)
• There are multiple wage rates for different occupations:
• Seasonal workers and small business employees (5 or less individuals)
• Agricultural workers (slower increase progression)
• Tipped workers
• Agricultural workers have a lower minimum wage than other workers.
• Agricultural workers will experience a slower rate of increase in the minimum wage. (N.J. STAT. ANN. § 34:11-56a4(d)(1),(2))

 Summary of increases across sectors: https://www.nj.gov/labor/forms_pdfs/lsse/mw-220.pdf 

Overtime

• There is a state law regarding overtime pay. (N.J. Stat. § 34:11-56a4)
• Agricultural workers are excluded from the state overtime law.  (N.J. Stat. Ann § 34:11-56a4(b)(1))

State Enforcement Agency

New Jersey Department of Labor & Workforce Development, Division of Wage & Hour Compliance

Website: https://www.nj.gov/labor/wagehour/wagehour_index.html
Relevant Forms: https://wagehour.dol.state.nj.us/WHATS.Public.Web/#/EN/Dashboard

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law with no exceptions. N.J. Stat. § 34:15-1 through N.J. Stat. § 34:15-5.

State Enforcement Agency:
State of New Jersey Department of Labor and Workforce Development, Workers’ Compensation

Website: https://www.nj.gov/labor/wc/wc_index.html
Relevant Forms: https://www.nj.gov/labor/wc/forms/forms_index.html

Field Sanitation

• There is a state law regarding field sanitation for seasonal farm workers. (N.J. STAT. ANN. § 34:9A-38; N.J. ADMIN. CODE § 12:102)

State Enforcement Agency:
Department of Labor and Workforce Development

Website: https://www.nj.gov/labor/

Pesticide Safety

• There is a state law regarding pesticide safety in agriculture, with specific regulations regarding protection of agricultural workers. N.J. Admin. Code §§ 7:30-12.1—7:30-12.23
• Suspected pesticide poisoning is a reportable illness for health care providers. N.J. Admin. Code § 8:58-1.5. Health care providers are required to report within 30 days.

State Enforcement Agency:
Department of Environmental Protection Compliance & Enforcement, Bureau of Pesticide Compliance

Website: https://www.nj.gov/dep/enforcement/pcp/pcp-bpc.htm

Right to Join Unions and Collective Bargaining in Agriculture

• There is a judicial interpretation of a provision in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation, and their unions the right to engage in collective bargaining with their employers. Persons in private employment shall have the right to organize and bargain collectively. (N.J. Const., Art. I, Para. 19) New Jersey Appellate Court has held that this constitutional provision applies to agricultural workers. See Comite Organizador de Trabajadores Agricolas v. Molinelli, 552 A.2d 1003 (1989) and  I.B.T., Local No. 863 v. Seaboard Farms, 214 N.J. Super. 425 (1986).

State Legal Services Organizations

Legal Services of New Jersey
http://www.lsnjlaw.org

South Jersey Legal Services Inc.

http://www.lsnj.org/sjls/

CATA (Comite de Apoyo a Trabajadores Agricolas)
https://cata-farmworkers.org/