Disclaimer: This article is for informational purposes and not legal advice. Consult an attorney for personalized guidance.
Detailed Answer
Understanding d/b/a vs. Legal Entity Name
When you file a lost wage claim in New Jersey, you must name the correct legal entity. A d/b/a (“doing business as”) is an alternate trade name. The legal entity might be a corporation (Corp.), LLC, partnership, or sole proprietor. If you list only the d/b/a, the state may dismiss or delay your claim.
Step 1: Verify the Employer’s Legal Name
- Visit the New Jersey Division of Revenue’s business search: https://www.njportal.com/DOR/businessrecords.
- Search the employer’s name or d/b/a to confirm the registered legal entity.
Step 2: Review d/b/a Registration
In New Jersey, businesses must file d/b/a registrations with the Division of Revenue. Request a copy of the filer’s Certificate of Amendment or Trade Name Registration. It lists both the legal name and the d/b/a.
Step 3: Use the Legal Name in the Claim
When completing your lost wage claim form with the New Jersey Department of Labor’s Wage and Hour Division, enter the legal entity name exactly as listed. The Department administers claims under the Wage Payment Law (see N.J. Stat. Ann. § 34:11-4.1 et seq.).
Step 4: Correct a Filed Claim
If you already filed with the wrong name, file an amendment. Contact the Division of Wage and Hour at https://www.nj.gov/labor/wagehour or submit a written request to correct the defendant’s name. Include proof of the legal name (e.g., the business search printout or d/b/a registration).
Potential Pitfalls
- Misspelled names can lead to dismissal.
- Using only a d/b/a may mislead the court and delay your claim.
- Failure to show proof of the correct entity can prolong the process.
For more details on procedures and timelines, refer to the New Jersey Administrative Code on Wage Claims (N.J.A.C. 12:56-6.1 et seq.) and the Division’s filing guidelines at Forms and Instructions.
Helpful Hints
- Double-check spelling and punctuation of the legal entity’s name.
- Keep copies of all registration documents and claim forms.
- Use certified mail or trackable delivery when submitting amendments.
- Confirm receipt of your claim or amendment with the Division.
- Consider seeking a free consultation with a labor attorney if the process stalls.