New Jersey § 34:11-56a25

§ 34:11-56a25.

If any employee is paid by an employer less than the minimum fair wage to which the employee is entitled under the provisions of P.L.1966, c. 113 ( C.34:11-56a et seq. ) or by virtue of a minimum fair wage order , or suffers a loss of wages or other damages because of a retaliatory action by the

employer in violation of the provisions of section 24 of P.L.1966, c. 113 ( C.34:11-56a24 ), the employee may recover in a civil action the full amount of that minimum wage less any amount actually paid to him or her by the employer , or any wages lost due to the retaliatory action, and an additional amount equal

to not more than 200 percent of the amount of the unpaid minimum wages or wages lost

due to retaliatory action as liquidated damages, plus costs and reasonable attorney's fees as determined by the court, except that if there is an agreement of the employee to accept payment of the unpaid

wages or compensation supervised by the commissioner pursuant to section 24 of P.L.1966,

c. 113 ( C.34:11-56a23 ) or R.S.34:11-58 , the liquidated damages shall be equal to not more than 200 percent of wages that

were due prior to the supervised payment. The payment of liquidated damages shall not be required for a first violation by

an employer if the employer shows to the satisfaction of the court that the act or

omission constituting the violation was an inadvertent error made in good faith and

that the employer had reasonable grounds for believing that the act or omission was

not a violation, and the employer acknowledges that the employer violated the law

and pays the amount owed within 30 days of notice of the violation. In a case of retaliation against an employee in violation of the provisions of section

24 of P.L.1966, c. 113 ( C.34:11-56a24 ), the employer shall also be required to offer reinstatement in employment to the

discharged employee, and take other actions as needed to correct the retaliatory action. For purposes of this section, an employer taking an adverse action against an employee

within 90 days of the employee filing a complaint with the commissioner or a claim

or action being brought by or on behalf of the employee in a court of competent jurisdiction

for a violation of P.L.1966, c. 113 ( C.34:11-56a et seq. ) shall raise a presumption that the employer's action was taken in retaliation against

the employee, which presumption may be rebutted only by clear and convincing evidence

that the action was taken for other, permissible, reasons. Any agreement between the employee and the employer to work for less than the minimum fair wage shall be no defense to the action. An employee shall be entitled to maintain the action for and on behalf of himself or other employees similarly situated, and the employee and employees may designate an agent or representative to maintain the action for and on behalf of all employees similarly situated. The employee may bring the action to recover unpaid minimum wages, or wages lost due

to retaliatory action, or other appropriate relief, including reinstatement and payment

of damages pursuant to this section, in the Superior Court. At the request of any employee paid less than the minimum wage to which the employee was entitled under the provisions of P.L.1966, c. 113 ( C.34:11-56a et seq. ) or under an order, the commissioner may take an assignment of the wage claim in trust

for the assigning employee and may bring any legal action necessary to collect the

claim, and the employer shall be required to pay to the employee the unpaid wages and liquidated damages equal to not more then 200 percent the amount

of the unpaid wages and pay to the commissioner the costs and reasonable attorney's fees as determined by the court. The payment of liquidated damages shall not be required for a first violation by an

employer if the employer shows to the satisfaction of the court that the act or omission

constituting the violation was an inadvertent error made in good faith and that the

employer had reasonable grounds for believing that the act or omission was not a violation,

and the employer acknowledges that the employer violated the law and pays the amount

owed within 30 days of notice of the violation.