WAGE AND HOUR DEMAND LETTER
New Jersey Wage and Hour Law and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, New Jersey ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New Jersey Attorney ID Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and New Jersey Law
NOTICE OF TREBLE DAMAGES LIABILITY UNDER NEW JERSEY WAGE THEFT ACT
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the New Jersey Wage and Hour Law, N.J. Stat. Ann. Section 34:11-56a et seq., and the New Jersey Wage Payment Law, N.J. Stat. Ann. Section 34:11-4.1 et seq.
IMPORTANT: Under the New Jersey Wage Theft Act, N.J. Stat. Ann. Section 34:11-56a25, your company faces mandatory treble damages (200% liquidated damages in addition to unpaid wages) plus attorney's fees if this matter proceeds to judgment.
Please direct all further communications regarding this matter to our office.
I. NEW JERSEY-SPECIFIC LEGAL FRAMEWORK
A. New Jersey Minimum Wage
New Jersey's minimum wage is $15.49 per hour as of January 1, 2026. N.J. Stat. Ann. Section 34:11-56a4. The minimum wage is adjusted annually based on the Consumer Price Index.
New Jersey allows a tip credit with a cash minimum wage of $5.62 per hour for tipped employees whose tips bring them to the full minimum wage. N.J. Stat. Ann. Section 34:11-56a4.
B. Overtime Requirements
New Jersey follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. N.J. Stat. Ann. Section 34:11-56a4. New Jersey does not require daily overtime.
C. Meal and Rest Break Requirements
New Jersey law does not mandate meal or rest breaks for adult employees. However:
- Minors under 18 must receive a 30-minute meal break after 5 consecutive hours of work. N.J. Admin. Code Section 12:58-1.1.
- If breaks under 20 minutes are provided, they must be compensated. 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under the New Jersey Wage Payment Law:
- Regular Pay Periods: Wages must be paid at least twice per month on regular paydays designated in advance. N.J. Stat. Ann. Section 34:11-4.2.
- Termination: All wages due must be paid on the regular payday for the pay period in which termination occurred. N.J. Stat. Ann. Section 34:11-4.3.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| New Jersey Wage and Hour Law | 6 years | N.J. Stat. Ann. Section 34:11-56a25.1 |
| New Jersey Wage Payment Law | 6 years | N.J. Stat. Ann. Section 2A:14-1.2 |
F. Liquidated Damages and Penalties - NEW JERSEY WAGE THEFT ACT
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
New Jersey Wage Theft Act (2019): Under N.J. Stat. Ann. Section 34:11-56a25, employees may recover:
- The full amount of unpaid wages; plus
- Liquidated damages equal to 200% of the unpaid wages (TREBLE DAMAGES); plus
- Reasonable attorney's fees and costs.
This makes New Jersey one of the most employee-friendly wage and hour jurisdictions in the nation.
G. Attorney's Fees
Both the FLSA and New Jersey law mandate an award of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); N.J. Stat. Ann. Section 34:11-56a25.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and New Jersey wage and hour laws by:
- [ ] Failing to pay the minimum wage of $15.49 per hour required under New Jersey law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due upon termination
- [ ] Failing to provide accurate wage statements
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. New Jersey Wage and Hour Law Violations
[Company Short Name] violated the New Jersey Wage and Hour Law by [describe violation]. N.J. Stat. Ann. Section 34:11-56a et seq.
C. New Jersey Wage Payment Law Violations
[Company Short Name] violated the New Jersey Wage Payment Law by:
- [ ] Failing to pay wages on regular paydays. N.J. Stat. Ann. Section 34:11-4.2.
- [ ] Failing to pay all wages due upon termination. N.J. Stat. Ann. Section 34:11-4.3.
- [ ] Making deductions not authorized by law or agreement. N.J. Stat. Ann. Section 34:11-4.4.
D. New Jersey Wage Theft Act Implications
The New Jersey Wage Theft Act of 2019 significantly enhanced penalties for wage violations. Under N.J. Stat. Ann. Section 34:11-56a25, [Company Short Name] faces liability for treble damages (200% liquidated damages in addition to unpaid wages), plus mandatory attorney's fees.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Unlawful Deductions | [Description] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. New Jersey Liquidated Damages (TREBLE DAMAGES)
200% of unpaid wages under N.J. Stat. Ann. Section 34:11-56a25: $[Amount]
C. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| NJ Liquidated Damages (200%) | $[Amount] |
| Subtotal (TREBLE DAMAGES) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand represents a significant discount from our client's full exposure at trial, where treble damages are MANDATORY under New Jersey law.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the Superior Court of New Jersey, [County] County, Law Division, or United States District Court for the District of New Jersey.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and New Jersey Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[New Jersey Attorney ID No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)