Minimum wage is the first wage most people earn. It is the lowest wage allowed by federal and state law. In some states, the minimum wage is the same as the current federal minimum wage of $7.25 per hour. This is not the case in New York, where the minimum wage is $8.75 per hour and New Jersey, where it is $8.38 per hour.
It is illegal to pay an individual less than these wages, unless that individual falls into one of a few select categories, such as restaurant servers and bartenders. Any time a worker is paid less than the minimum wage, including these special positions if their employers do not compensate them at least the minimum wage when their tips fall below this threshold, that worker has grounds for a wage dispute.
But how long can an employee work at the minimum wage without receiving a raise? Studies show that the minimum wage is not a sufficient amount for a worker to make and live independently. Individuals working at this rate often have to work multiple jobs simply to make ends meet.
Earning More than the Minimum Wage
It is completely legal for an employer to keep his or her workers earning the minimum wage indefinitely unless they remain at this rate as a form of discrimination. In other words, if all of a company’s entry-level white employees receive a raise after working with the employer for six months but its black employees do not, the black employees could have grounds for a discrimination claim.
How long is too long to earn the minimum wage depends on an individual’s personal circumstances. The minimum wage is often sufficient for a teenage employee who only has to work to earn pocket money, while the rate is wholly insufficient for an adult with a child to support. If you are currently earning the minimum wage and feel you should earn more, discuss this with your supervisor. Explain how you have contributed to the company and how such a raise would reflect your effort and dedication to your job.
New Jersey Wage Dispute Attorneys
If you are unsure about whether you are entitled to a higher wage or have other questions about your rights as a working person in New Jersey, contact our team of experienced wage dispute attorneys in New Jersey at The Sattiraju & Tharney, LLP We can explain New Jersey’s minimum wage law and other employment regulations to you in a language that you can easily understand, then help you determine if it is necessary for you to take legal action against your employer. If so, we are here to represent you and your interests.
FAQs About How Long is Too Long to Stay at Minimum Wage
How many years can I look back to recover unpaid minimum wage or overtime in New Jersey?
Thanks to the New Jersey Wage Theft Act, the state has one of the friendliest timelines in the country for shortchanged workers. You can look back up to six years from the date you file your claim to demand your stolen wages. This is a massive expansion from the old rules—and from federal law, which generally caps look-back periods at just two or three years. If your boss has been quietly underpaying you for half a decade, you can still legally claim every single dollar owed to you.
Does the six-year deadline mean I should wait to see if my employer fixes my paycheck?
Absolutely not. The statute of limitations acts as a strict, non-negotiable legal clock. Every single day you wait, your oldest paychecks are permanently falling off the back end of that six-year window. If you suspect wage theft, you need to act immediately. Waiting around for an employer’s empty promises to “look into it” or “make it up next month” will only cost you money that you can never legally recover once it slips past the six-year line.
Can my boss fire me if I file a claim for old unpaid wages from a few years ago?
It is completely illegal for your boss to fire you, cut your hours, or mistreat you for demanding your legal wages. The New Jersey Wage Payment Law includes strict anti-retaliation protections. In fact, if an employer takes any negative action against you within 90 days of you filing a wage claim or complaining about unpaid minimum wage, the law automatically presumes they are retaliating. You can sue them separately for that retaliation and recover additional damages, including back pay and punitive fines.