What is the New Jersey wage claim statute of limitations?

6 years (NJ Wage Theft Act, 2019), running from the date wages were due. Each missed paycheck is a separate claim with its own SOL.

What form do I use to file a New Jersey wage claim?

MW-31A Wage Collection Claim, filed with the NJ Wage and Hour Compliance. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly.

Can I file in state and federal court at the same time?

Yes. The New Jersey state wage claim runs separately from the federal FLSA claim (2-year SOL, 3 if willful). You can file both. Discrimination claims also run on a separate EEOC clock (180 days; 300 in deferral states).

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New Jersey · Labor & employment

How to file a wage claim in New Jersey.

Filed with the NJ Wage and Hour Compliance. Form: MW-31A Wage Collection Claim. Statute of limitations: 6 years (NJ Wage Theft Act, 2019).

Statute of limitations

6 years (NJ Wage Theft Act, 2019)

Final pay deadline

Regular payday for the pay period worked.

Damages

200% liquidated damages, attorney fees, and criminal liability for willful wage theft.

Calculate your specific deadline

Enter the date wages were due → get the deadline for New Jersey, federal FLSA, EEOC charge, and NLRB ULP.

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What this form covers

NJ Wage Theft Act expanded SOL from 2 to 6 years and added criminal penalties — one of the toughest wage-theft regimes in the US.

File the form

The MW-31A Wage Collection Claim is the canonical wage-claim form for New Jersey. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly. Free preview, $9 to fill via wizard, or unlimited on the Pro / Firm tiers.

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Filing more than this one form?

The MW-31A Wage Collection Claim is one piece. Most wage cases also need a demand letter, a federal DOL parallel filing, an EEOC charge if there’s a discrimination angle, and a trail of follow-up correspondence. Case Pass — $149/case covers unlimited forms, court documents, and deadline tracking for 12 months.

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Federal options run in parallel

State wage claims don’t replace federal claims. The FLSA SOL (2 years; 3 if willful) runs separately from New Jersey’s SOL, and you may file with the US DOL Wage & Hour Division for federal minimum-wage and overtime violations. For discrimination claims, the EEOC charge clock starts at 180 days (300 days in deferral states like CA, NY, IL, etc.).

· FLSA wage claim: DOL WH-31
· EEOC discrimination charge: EEOC Form 5
· NLRB unfair labor practice: NLRB-501
· OSHA workplace hazard: OSHA-7

Wage claim guides for nearby states

California

Division of Labor Standards Enforcement (DLSE) · SOL 3 years (Lab. Code § 1194)

Texas

Texas Workforce Commission (TWC) Labor Law Section · SOL 180 days from when wages were due (Texas Payday Law)

New York

NYS Department of Labor · SOL 6 years (NY Labor Law § 196)

Florida

Florida Commission on Human Relations (employment discrimination only) · SOL 365 days for FCRA discrimination charges

Utah

Utah Labor Commission, Wage Claim Unit · SOL 2 years (Utah Code § 34-28-9)

Arizona

Industrial Commission of Arizona Labor Department · SOL 1 year (state); 2 years FLSA (3 if willful)

See all 21 state guides

Free tool

Wage SOL calculator

All four parallel deadlines (state, FLSA, EEOC, NLRB) from one date.

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EEOC charge wizard

Build a Form 5 narrative if your wage claim involves discrimination.

This is general information, not legal advice. Wage-payment statutes change frequently. Confirm the current form, SOL, and damages framework with the NJ Wage and Hour Compliance or a licensed New Jersey attorney before filing.