Whenever an employer discharges an employee, or when the work of an employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, or whenever an employee quits, resigns, or leaves employment for any reason, the employer shall pay the employee all wages due not later than the regular payday for the pay period during which the employee's termination, suspension or cessation of employment (whether temporary or permanent) took place, as established in accordance with section 2 of this act; or in the case of employees compensated in part or in full by an incentive system, a reasonable approximation of all wages due, until the exact amounts due can be computed; provided, however, that when any employee is suspended as a result of a labor dispute and such labor dispute involves those employees who make up payrolls, the employer may have an additional 10 days in which to pay such wages. Such payment may be made either through the regular pay channels or by mail if requested by the employee.
Notes of Decisions
Gerald E. Fields v. Thompson Printing Co., Inc. Gilbert M. Thompson, Gerald E. Fields v. Thompson Printing Co Gilbert M. Thompson, 363 F.3d 259 (3d Cir. 2004).
“In addition, he sought reinstatement of his salary and benefits, including some that had accrued prior to his termination and had never been paid, under a variety of state law theories, including the New Jersey Wage Law, N.J. Stat. Ann. § 34:11-4.3 , breach of contract, unjust…”
Feldman v. U.S. Sprint Commc'ns Co., 714 F. Supp. 727 (D.N.J. 1989).
· cites it 4× “Plaintiffs Other Claims (1)Wage and Hour Law Claim Plaintiff claims he is entitled summary judgment on his claim under New Jersey’s wage and hour law, NJ.Stat.Ann. § 34:11-4.3, because there is no factual issue in dispute and because the statute requires Sprint to pay him the…”
Bintliff-Ritchie v. Am. Reinsurance Co., 285 F. App'x 940 (3d Cir. 2008).
“When employees receive compensation “in part or in full by an incentive system,” employers must pay “a reasonable approximation of all wages due, until the exact amounts due can be computed.” Id. As the District Court observed, however, “Bintliff-Ritchie’s interest in the ICP…”
Joseph Soranno v. Heartland Payment Sys., LLC (D.N.J. 2020).
· cites it 2× “See N.J.S.A. § 34:11-4.3 (“[T]he employer shall pay all wages due not later than the regular payday for the pay period during which the employee’s termination, suspension, or cessation of employment .”
Divalerio v. Best Care Lab'y, LLC (D.N.J. 2022).
· cites it 2× “N.J.S.A. § 34:11-4.3. The statute defines employee as “any person suffered or permitted to work by an employer, except that independent contractors shall not be considered employees.”
Fogg v. Clean Harbors Env't Servs., Inc. (D.N.J. 2022).
· cites it 2× “, for failure to pay overtime wages; and the New Jersey Wage Payment Law, N.J. Stat. Ann. § 34:11-4.3 , for failure to pay timely wages.”
Jonathan Pena Rodriguez v. Reynaldo De La Rosa (N.J. Super. Ct. App. Div. 2023).
“We note in this regard that a provision within the WHL, N.J.S.A. 34:11-4.3, imposes an obligation on the employer to estimate and pay the owed wages at the time of an employee's termination.”
Mahanor v. Berkley Ins. Co. (D.N.J. 2022).
“” N.J.S.A, 34:11-4.3. The confers a private cause of action on employees for an employer’s failure to pay wages according to its requirements, N.”
Young v. Icreditworks Inc. (D.N.J. 2024).
“]” N.J.S.A. 34:11-4.3. If an employer fails to pay wages as required by the statute, an employee may recover in a civil action the “full amount” of unpaid wages due, plus liquidated damages of up to 200 percent of the wages due, along with costs and reasonable attorney’s fees as…”
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