On March 19, 2026, the New Jersey Supreme Court in Lopez v. Marmic LLC, like the many other courts that have considered the question, ruled that undocumented workers are entitled to the minimum wage and overtime protections provided by the New Jersey Wage and Hour Law. Thus, if an employer hires an undocumented worker in violation of federal law, the employer is nonetheless still required to compensate that worker in a manner consistent with New Jersey State law for the work they perform, including payment of at least the State minimum wage and overtime. The Court in Lopez also took the opportunity to remind employers that it remains their burden to keep and maintain accurate employee wage and hour records, and that failure to do so creates a rebuttable presumption that the employee worked for the employer for the period of time and for the amount of wages alleged by the employee.
While the court’s opinion in Lopez did not break any new ground and simply applied well established case law to the facts before it, the decision underscores the importance of ensuring that all New Jersey employees, including undocumented workers, are paid in strict accordance with the State’s wage and hour laws. Employers should review their current employment policies and payroll practices to ensure that they remain compliant with New Jersey law.