New Jersey Administrative Code

(a) The purpose of this subchapter is to establish standards and procedures for affected employers to provide a pre-tax transportation fringe benefit to its employees, as required by P. L. 2019, c. 38. (b) The provisions of this subchapter shall be applicable to all affected empl…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Act" means P.L. 2019, c. 38. "Affected employer" means an "employer," as that term is defined at N.J.S.A. 43:21-19(h), provided that th…

(a) Except as set forth in (b) below, an affected employer shall offer to all of its employees the opportunity to utilize pre-tax earnings (gross income) to purchase a pre-tax transportation fringe benefit. (b) An affected employer shall not be required to offer the opportunity t…

An affected employer may use a payroll deduction as a means of providing a pre-tax transportation fringe benefit, provided that the payroll deduction has been authorized by the employee in writing or is included in a collective bargaining agreement. Notes N.J. Admin. Code § 12:55…

Each affected employer shall for six years retain records sufficient to demonstrate that each employee eligible for a pre-tax transportation fringe benefit under the Act and this subchapter was offered the opportunity to use pre-tax earnings (gross income) to purchase a pre-tax t…

(a) An affected employer found to be in violation of the Act or this subchapter, shall be assessed by the Commissioner an administrative penalty in the amounts that follow: 1. First violation--not less than $ 100.00 and not more than $ 250.00; 2. Second and subsequent violations …

(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 12:55-3.6, the employer shall have the right to a hearing under (b) below. (b) No administrative penalty shall be levied pursuant to this subchapter, unless the Commissioner provides the alleged violator …

(a) The purpose of this subchapter is to establish rules to effectuate N.J.S.A. 34:11-56a et seq., the New Jersey State Wage and Hour Law (Act), to provide sanctions for noncompliance, and to protect established wage rates. (b) The chapter is applicable to:1. Wages and hours subj…

(a) A violation of the Act shall occur when an employer: 1. Willfully hinders or delays the Commissioner in the performance of the duties of the Commissioner in the enforcement of this chapter; 2. Fails to make, keep and preserve any records as required under the provisions of th…

(a) As an alternative to or in addition to any other sanctions provided for in N.J.A.C. 12:56-1.2 under N.J.S.A. 34:11-56 et seq. when the Commissioner of Labor and Workforce Development finds that an employer has violated that Act, the Commissioner is authorized to assess and co…

(a) The Commissioner is authorized to supervise the payment of amounts due to employees under this chapter, and the employer may be required to make these payments to the Commissioner to be held in a special account in trust for the employee, and paid on order of the Commissioner…

(a) When the Commissioner makes an award of back pay, he or she may also award interest in the following situations:1. When an employer has unreasonably delayed compliance with an order of the Commissioner to pay wages owed to an employee; 2. Where an equitable remedy is required…

(a) When the Commissioner assesses an administrative penalty under N.J.A.C. 12:56-1.3, the employer shall have the right to a hearing under (b) below. (b) No administrative penalty shall be levied pursuant to this subchapter unless the Commissioner provides the alleged violator w…

(a) An employer is a disorderly person, if he or she discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer or to the Commissioner that he or she has not been paid wages in accordance with the provi…

(a) "First processing of farm products occupations" means any activity as an employee in an establishment which is in an industry engaged primarily in the first processing of farm products during seasonal operations. (b) "Industry engaged primarily in the first processing of farm…

All employees including those under the age of 18 engaged in first processing of farm products occupations shall be paid at minimum wage rates as provided in N.J.A.C. 12:56-3.1. Notes N.J. Admin. Code § 12:56-11.2

Overtime at 1 1/2 times the regular hourly rate shall be paid to those engaged in first processing of farm products occupations for all hours worked in excess of 40 in a week. Notes N.J. Admin. Code § 12:56-11.3 Amended by R.2000 d.423, effective 10/16/2000. See: 32 New Jersey Re…

(a) "Seasonal amusement occupation": 1. Means any activity as an employee in an establishment which is exclusively an amusement or recreational establishment, provided:i. It does not operate for more than seven months in any calendar year; or ii. During the preceding calendar yea…

Employees engaged in seasonal amusement occupations shall be paid at minimum wage rates as provided in N.J.A.C. 12:56-3.1. Notes N.J. Admin. Code § 12:56-12.2 Amended by R.1990 d.520, effective 11/5/1990. See: 22 New Jersey Register 2235(a), 22 New Jersey Register 3379(b). Delete…

Employees engaged in seasonal amusement occupations shall be exempt from the overtime provisions of the act. Notes N.J. Admin. Code § 12:56-12.3

(a) "Hotel and motel occupation" means any activity as an employee for an establishment kept, used, maintained, advertised as or held out to be a place where sleeping accommodations are supplied for pay to transient or permanent guests, in which 15 or more rooms are available for…

Employees including those under 18 years of age engaged in hotel and motel occupations shall be paid a minimum wage rate as provided in N.J.A.C. 12:56-3.1. Notes N.J. Admin. Code § 12:56-13.2

Overtime at 1-1/2 times the regular hourly wage rate shall be paid for all hours worked in excess of 40 hours in any week. Notes N.J. Admin. Code § 12:56-13.3 Recodified from N.J.A.C. 12:56-13.6 by R.1995 d.553, effective 10/16/1995. See: 27 New Jersey Register 2868(a), 27 New Je…

(a) The wage rates established in this subchapter shall be acceptable in those occupations where gratuities or food and/or lodging are actually received. (b) Employers subject to the Fair Labor Standards Act must pay the Federal cash wage rate of $ 2.13 and must demonstrate that …

Employer substantiation of gratuities received by an employee and the cost of food and lodging shall be as provided in this chapter. Notes N.J. Admin. Code § 12:56-13.5 Amended by R.1990 d.520, effective 11/5/1990. See: 22 New Jersey Register 2235(a), 22 New Jersey Register 3379(…

Food and lodging supplied to employees shall not be included in wages for those hours worked in excess of 40 hours per week. Notes N.J. Admin. Code § 12:56-13.6 Recodified from N.J.A.C. 12:56-13.9 by R.1995 d.553, effective 10/16/1995. See: 27 New Jersey Register 2868(a), 27 New …

Where cash wages have been established as a condition of employment through agreement between the employer and employee, gratuities, food and lodging shall not be included as part of such cash wages. Notes N.J. Admin. Code § 12:56-13.7 Recodified from N.J.A.C. 12:56-13.10 by R.19…

Meals and lodging which the employer requires the employee to accept shall be considered for the convenience of the employer and the cost thereof shall not be considered applicable as minimum wages. Notes N.J. Admin. Code § 12:56-13.8 Recodified from N.J.A.C. 12:56-13.11 by R.199…

(a) "Restaurant industry" means any eating or drinking place which prepares and offers food or beverages for human consumption either in any of its premises or by such services as catering, banquets, box lunch or curb service. (b) "Restaurant occupation" means any activity of any…

Employees including those under 18 years of age employed at restaurant occupations shall be paid a minimum wage rate as provided in N.J.A.C. 12:56-3.1. Notes N.J. Admin. Code § 12:56-14.2

(a) Overtime at 1 1/2 times the regular hourly wage shall be paid for all hours worked in excess of 40 hours in any week. 1. The minimum overtime rate for those covered by the overtime provision is $ 5.70 on May 3, 1990, $ 6.38 on April 1, 1991, and $ 7.58 on April 1, 1992. 2. If…

(a) The wage rate established in this subchapter shall be acceptable in those occupations where gratuities or food and/or lodging are actually received. (b) Employers subject to the Fair Labor Standards Act must pay the Federal cash wage rate of $ 2.13 and must demonstrate that t…

Employer substantiation of gratuities received by an employee and the cost of food and lodging shall be as provided in this chapter. Notes N.J. Admin. Code § 12:56-14.5 Recodified from N.J.A.C. 12:56-14.6 by R.1995 d.553, effective 10/16/1995. See: 27 New Jersey Register 2868(a),…

Food and lodging supplied to employees shall not be included in wages for those hours worked in excess of 40 hours per week. Notes N.J. Admin. Code § 12:56-14.6 Recodified from N.J.A.C. 12:56-14.7 by R.1995 d.553, effective 10/16/1995. See: 27 New Jersey Register 2868(a), 27 New …

Where cash wages have been established as a condition of employment through agreement between the employer and the employee or the employee's collective bargaining agent, gratuities, food and lodging shall not be included as part of such cash wages. Notes N.J. Admin. Code § 12:56…

Meals and lodging shall be considered applicable toward the minimum wage unless the employee elects not to receive such meals and lodging. Notes N.J. Admin. Code § 12:56-14.8 Recodified from N.J.A.C. 12:56-14.9 by R.1995 d.553, effective 10/16/1995. See: 27 New Jersey Register 28…

(a) "Air carrier employee" means an employee, non-union or union, where applicable labor agreements permit, who operates in a phase of air carrier employment which operates on a seven day a week, 24 hour-a-day basis and whose normal work is scheduled on a seven day a week, 24 hou…

Employees engaged in the air carrier industry shall be paid a minimum wage rate as provided in N.J.A.C. 12:56-3.1. Notes N.J. Admin. Code § 12:56-15.2

(a) Overtime shall be paid at 1 1/2 times the regular hourly wage rate to all nonexempt employees for all hours worked in excess of 40 hours in a week except rescheduled time off for overtime shall be permitted to air carrier employees where: 1. The employee so requests; 2. The e…

The criteria identified in the Unemployment Compensation Law at N.J.S.A. 43:21-19(i)(6)(A)(B)(C) and interpreting case law will be used to determine whether an individual is an employee or independent contractor for purposes of the Wage and Hour Law. Notes N.J. Admin. Code § 12:5…

(a) It shall be a presumption that the employer has required his or her employees to wear uniforms if such garments are of a similar design, color or material, or form part of the decorative pattern of the establishment. (b) Maintenance and upkeep of uniforms of kitchen people, c…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Career awareness and exploration" means structured school programs that enable student learners to: 1. Develop awareness of the many employ…

(a) The following conditions shall be met to allow for non-paid activities of student learners at for profit and not-for-profit organizations: 1. The student shall be at least 16 years of age; 2. The activity must be related to a formal school-to-work transition plan for a studen…

"Trucking industry employer" means any business or establishment primarily operating for the purpose of conveying property from one place to another by road or highway, and includes the storage and warehousing of goods and property. Such an employer must also be subject to the ju…

Employees engaged in the trucking industry shall be paid a minimum wage rate as provided in N.J.S.A. 34:11-56a 4 and N.J.A.C. 12:56-3.1. Notes N.J. Admin. Code § 12:56-19.2

Every trucking industry employer shall pay to all drivers, helpers, loaders and mechanics for whom the Secretary of Transportation may prescribe maximum hours of work for the safe operation of vehicles pursuant to 49 U.S.C. § 31502(b) an overtime rate not less than one and one-ha…

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: "Act" means the New Jersey State Wage and Hour Law, N.J.S.A. 34:11-56a et seq. "Commissioner" means the Commissioner of the Department of La…

(a) For purposes of this exemption, "skilled mechanic" is defined as: 1. A mechanic who is a specialist performing all repairs and who works on the total automobile and who works on various automobile makes and models; or 2. A mechanic who is responsible for work on certain parts…

Skilled mechanics engaged in the new or the new and used motor vehicle sales or the automotive and/or truck repair industry must be paid a minimum wage rate as provided in N.J.A.C. 12:56-3.1. Notes N.J. Admin. Code § 12:56-20.2 Amended by R.1998 d.405, effective 8/3/1998. See: 30…

(a) Skilled mechanics employed by nonmanufacturing employers primarily engaged in the business of selling new or new and used motor vehicles or in the business of automotive and/or truck repair shall be exempt from the overtime requirements of N.J.S.A. 34:11-56a 4 and N.J.A.C. 12…