NJ Supreme Court Ruling Stands: You Must Be Paid What You’ve Earned, Whatever Your Immigration Status

The U.S. Supreme Court has declined to review Lopez v. Marmic LLC, leaving in place a New Jersey

On October 5, 2026, the U.S. Supreme Court declined to hear an appeal from Marmic LLC, a real estate management company, which was challenging a unanimous New Jersey Supreme Court decision. That decision held that New Jersey’s wage laws protect workers whether or not they are authorized to work in the United States. As it usually does, the Court gave no reason. A denial of review isn’t a ruling on the merits, but it means the New Jersey decision stands as the law here, and employers can no longer count on an appeal to change it.

How New Jersey Protects Your Pay

Two state laws govern most wage disputes. The New Jersey Wage and Hour Law sets the state minimum wage and requires employers to pay overtime at one and a half times your regular rate for hours over 40 in a workweek. The New Jersey Wage Payment Law requires employers to pay you in full and on regular paydays, and it limits what they can deduct from your paycheck.

Both laws were strengthened by the 2019 wage theft amendments. You now have six years to bring a claim, and an employer who violates the law may owe up to twice the unpaid wages in liquidated damages, along with your attorney’s fees. Employers must also keep accurate records of the hours you work and the wages you’re paid, and that requirement carried real weight in this case.

The Story Behind Lopez v. Marmic

Sergio Lopez was hired in 2015 as the superintendent of two buildings in Newark. He was fired in December 2018 and sued in 2019 for unpaid wages and overtime. Marmic had paid him partly with a free apartment, kept no records of his hours, and argued that he had given an invalid Social Security number when he was hired. The lower courts sided with the employer.

In March 2026, the New Jersey Supreme Court reversed, ruling for Mr. Lopez on every major issue. The Court rejected the argument that federal immigration law overrides state wage protections. It explained that a federal case Marmic relied on, Hoffman Plastic Compounds v. NLRB, concerned backpay for work that was never performed, not payment for work already done. Because New Jersey’s statutes don’t exclude workers without work authorization, the Court saw no reason to let an employer keep the value of labor it had accepted.

The Court also found no broad “barter” exception in New Jersey law, so a free apartment doesn’t prove an employer paid proper wages. The trial court may still consider whether Marmic deserves a credit for the fair value of the lodging when it calculates damages. Finally, the Court held that a worker’s invalid Social Security number can’t be used to label him not credible. The case was sent back to a different judge to determine what Mr. Lopez is owed.

What This Means If You Work in New Jersey

If you work in New Jersey, your employer must pay you according to the statute for the work you perform. That means minimum wage, overtime, and full, timely payment, no matter what your immigration status is. Your employer cannot defeat a wage claim by pointing to your documents, your Social Security number, or your work authorization.

Some other protections are worth knowing about. Pay in the form of housing or meals does not replace wages unless the employer can show it complied with the law. When an employer fails to keep proper time and pay records, your reasonable account of the hours you worked can carry your claim. And an employer who threatens to report you to immigration authorities because you asked to be paid properly may face separate liability for retaliation.

What This Means for Employers

The message to employers is just as clear. Being “undocumented” is not a defense to a wage claim in New Jersey. Businesses should pay every worker according to the Wage and Hour and Wage Payment Laws, keep complete payroll and time records, and review any arrangements that substitute housing or other benefits for wages. Hiring compliance and wage compliance are separate obligations, and a problem with one does not excuse the other.

Get Answers From a Firm That Fights for Workers

If you think you haven’t been paid minimum wage, overtime, or the full amount you earned, you may have a claim, and your immigration status does not change that. Your consultation is confidential, and you do not need to be afraid to ask questions. Employers who want to understand their obligations after Lopez are also welcome to reach out. To talk with our team contact Amanullah Law.

This post is for general information and is not legal advice. Reading it does not create an attorney-client relationship.