By Avi D. Kelin and Jennifer Roselle

These days following the election present a good opportunity for political organizations to focus on items that been placed on the backburner. For example, employment law. Like all employers, political candidates, parties, and PACs have legal responsibilities to the people powering their mission. Building good legal foundations and protocols for employment law will ensure that your team is protected, your mission is respected, and your momentum stays strong.

This guide is here to highlight some key areas where campaign operations and employment laws intersect.

Minimum Wage Applies to Campaigns

Most political campaigns, PACs, and other advocacy organizations are subject to the New Jersey Minimum Wage Law. Currently, this means all hourly employees must be paid a minimum of $15.49 per hour.

Overtime Rules Still Count

Political campaigns are known for their long days, late nights, and fast-moving deadlines, but that doesn’t exempt them from overtime laws. In New Jersey, non-exempt employees must be paid time-and-a-half for any hours worked over 40 in a work week. As you build out your staffing plan, it’s imperative to ensure employees are appropriately classified as exempt (or not), establish protocols for time keeping and track hours diligently.

Equal Pay Matters

New Jersey law prohibits discrimination in compensation based on protected categories (i.e., race, gender, national origin, etc.) and generally obligates employers to provide equal pay for the performance of substantially similar work. Some campaigns, PACs, and other advocacy organizations may also have additional salary transparency obligations, such as including the proposed pay rates with new job advertisements. Conducting periodic internal reviews of pay practices fosters compliance, fairness, and transparency within your campaign team.

Provide Earned Sick Leave

Regardless of size, most New Jersey employers must comply with the New Jersey Earned Sick Leave Act requirements. The Act creates a minimum obligation to provide paid time to employees to, among other things, attend to their own health needs, including mental health, or for the health needs of their family members. The short-term nature of campaigns is not, by itself, an excuse from compliance, so it is important to ensure that practices and policies meet the law’s obligations.

Campaigns Must Carry Worker’s Compensation Insurance

Even if your campaign is temporary, New Jersey employers must carry workers’ compensation insurance New Jersey. Failure to maintain insurance exposes employers to significant penalties, possible criminal charges, and creates potential direct employer liability for certain costs associated with a workplace injury or death.

Interns Usually Need to Be Paid

Interns are often eager, mission-driven people who want to make a difference. However, unless your internship is structured through a qualified academic program or is primarily educational in nature, you likely need to pay them for the work performed on your behalf. New Jersey has strict standards governing unpaid educational internship programs and non-compliance results in significant fees and penalties. Before taking on unpaid interns, be sure to consult with counsel to limit risk of liability.

Use Volunteers Thoughtfully

It is always great to see passionate people getting involved. Just make sure your volunteers are truly volunteering: no set shifts, no promised benefits, and no required duties. Otherwise, they may need to be classified as employees.

Misclassification of Independent Contractors

In New Jersey, the law sets a very high bar for when the Independent Contractor label is appropriate. If a campaign controls how, when, or where someone works – like assigning daily tasks, setting hours, or directing strategy – then there’s a strong argument the person is an employee, not an independent contractor. Misclassification may lead to serious consequences such as state audits, claims for unpaid wages or overtime, and financial penalties.

Employment Posters Must Be Displayed

Even if you’re operating out of a borrowed storefront or a temporary field office, you’re still required to post official labor law notices in a visible location for all workers. In addition to be required, this seemingly minor administrative task signals to your team that their rights matter and shows that your campaign takes labor and compliance seriously.

Support Whistleblower Protections

When someone raises a concern, whether it’s about payroll issues, discrimination, or health and safety, it should be taken seriously. New Jersey’s Conscientious Employee Protection Act makes it illegal to take retaliatory action against employees for speaking up.

Create a Compliant Work Environment

Campaigns are intense environments, often bringing together people of different backgrounds, ages, and experiences. Written policies governing expected conduct, training, and having the right professionals (including attorneys and HR professionals) on call goes a long way toward ensuring a compliant work environment.

Avi D. Kelin is a founding partner of PEM Law LLP, and chairs the firm’s Political Law and Non-Profit Law practices. He helps businesses, organizations, individuals, and political organizations to influence policy while complying with the law.

Jennifer Roselle is a founding partner of PEM Law LLP, and chairs the firm’s Labor practice. She has extensive experience advising political organizations on employment matters and conducting internal investigations.

Thank you to Jessica Clifton, a PEM Law LLP law clerk, for drafting and research.

This column is for educational and informational purposes only and is not and should not be construed as legal advice. Readers should seek professional advice for individual matters.