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Payroll New Jersey, Unique Aspects of New Jersey Payroll Law and Practice

By: Charles J. Read

The New Jersey State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of the Treasury
Division of Revenue
50 Barrack St. CN 248
Trenton, NJ 08648-0248
(609) 292-6400
(800) 323-4400 (in state)
www.state.nj.us/treasury/revenue

New Jersey allows you to use the Federal W-4 form to calculate state income tax withholding or the New Jersey form "NJ-W4 Employee's Withholding Allowance Certificate".

Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In New Jersey cafeteria plans are taxable for income tax calculation; taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In New Jersey supplemental wages are required to be aggregated for the state income tax withholding calculation.

You may file your New Jersey State W-2s by magnetic media if you choose to.

The New Jersey State Unemployment Insurance Agency is:

Unemployment and Disability Insurance
John Fitch Plaza
P.O. Box 912
Trenton, NJ 08646
(609) 633-6400
www.nj.gov/labor/mainpages/employer.html

The State of New Jersey taxable wage base for unemployment purposes is wages up to $24,300.00.

New Jersey requires Magnetic media reporting of quarterly wage reporting if the employer has at least 100 employees that they are reporting that quarter.

Unemployment records must be retained in New Jersey for a minimum period of five years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.

The New Jersey State Agency charged with enforcing the state wage and hour laws is:

Department of Labor
Division of Labor Standards and Safety Enforcement
Office of Wage and Hour Compliance
225 E. State St.
P.O. Box 389
Trenton, NJ 08625-0389
(609) 292-7860
www.state.nj.us/labor/mainpages/employer.html

The minimum wage in New Jersey is $5.15 per hour.

The general provision in New Jersey concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.

New Jersey State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

Employee's name
Employee's date of birth
Employee's address
Employee's social security number
Employer's name
Employers address
Employer's Federal Employer Identification Number (EIN)

This information must be reported within 20 days of the hiring or rehiring; every 15 days on mag media. The information can be sent as a W4 or equivalent by mail, fax or electronically. There is a $25.00 penalty for a late report and $500 for conspiracy in New Jersey.

The New Jersey new hire-reporting agency can be reached at 888-624-6339, 877-654-4737, or 609-689-1900 or on the web at www.nj-newhire.com

New Jersey does not allow compulsory direct deposit

New Jersey requires the following information on an employee's pay stub:

statement of total wages and deductions

New Jersey requires that employee be paid no less often than semimonthly; monthly for exempt employees.

New Jersey requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed ten days.

New Jersey payroll law requires that involuntarily terminated employees must be paid their final pay by their next regular payday (by mail at employee's request) and that voluntarily terminated employees must be paid their final pay by the next regular payday or by mail if employee requests it.

Deceased employee's wages must be paid when normally due to the surviving spouse, children 18 or over, guardian of minor children, parents, siblings, or person paying funeral expenses (in that order).

Escheat laws in New Jersey require that unclaimed wages be paid over to the state after one year.

The employer is further required in New Jersey to keep a record of the wages abandoned and turned over to the state for a period of 5 years.

New Jersey payroll law mandates no more than 40% (less for some workers) of minimum wage may be used as a tip credit.

In the New Jersey payroll law there is no provision covering required rest or meal periods.

New Jersey statute requires that wage and hour records be kept for a period of not less than one year. These records will normally consist of at least the information required under FLSA.

The New Jersey agency charged with enforcing Child Support Orders and laws is:

Department of Human Services
Division of Economic Assistance
Office of Child Support and Paternity Programs
State Services
Box CN 716
Trenton, NJ 08625
(877) 655-4371
www.njchildsupport.org

New Jersey has the following provisions for child support deductions:

When to start Withholding? First pay period ending after postmark date.
When to send Payment? Payday
When to send Termination Notice? "Promptly"
Maximum Administrative Fee? $1 per payment.
Withholding Limits? Federal Rules under CCPA.

Please note that this article is not updated for changes that can and will happen from time to time.

Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years,
the last fifteen in private practice. Mr. Read is the author of "Tax and Accounting Issues
in Forming a New Business."

To find professional payroll services at a budget price go to www.payrollonabudget.com
a paperless payroll company.

For a full service payroll bureau with CPA's on staff visit www.CustomPayroll.com .

See an excerpt of Mr. Read's interviews from William Shatner's "Heartbeat of America"
television show on the web sites linked above.

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