New Jersey Administrative Code

(a) Except as provided at N.J.A.C. 12:56-3.2, 3.3, 3.4, 3.5, and 3.7, every employee shall, effective January 1, 2024, be paid not less than $ 15.13 per hour or the minimum wage rate set by section 6(a)(1) of the Federal Fair Labor Standards Act of 1938 (29 U.S.C. § 206(a)(1), wh…

(a) Except as provided at N.J.A.C. 12:56-3.3 and 3.4, every employee of a small employer and every employee who is engaged in seasonal employment shall, effective January 1, 2024, be paid not less than $ 13.73 per hour or the minimum wage rate set by section 6(a)(1) of the Federa…

(a) Every employee engaged on a piece-rate or regular hourly rate basis to labor on a farm shall, effective January 1, 2024, be paid not less than $ 12.81 per hour or the minimum wage rate set by section 6(a)(1) of the Federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(…

(a) Commencing on January 1, 2020, an employee enrolled in an established on-the-job or other training program may, for the first 120 hours of work after having been hired, be paid a training wage of not less than 90 percent of the minimum hourly wage specified at N.J.A.C. 12:56-…

(a) With respect to tipped employees, in determining the minimum hourly wage an employer is required to pay such an employee, only the employer who is paying its employee the minimum hourly wage set forth at N.J.A.C. 12:56-3.1 may take a credit for tips received by the employee a…

(a) Employees in the following occupations shall be exempt from the statutory minimum wage rates: 1. Full-time students employed by the college or university at which they are enrolled at not less than 85 percent of the effective applicable minimum wage rate; 2. Outside sales per…

Commencing November 1, 2020, an employee who is a long-term care facility direct care staff member shall be paid a minimum hourly wage rate that is not less than $ 3.00 in excess of the minimum hourly wage specified at N.J.A.C. 12:56-3.1. Notes N.J. Admin. Code § 12:56-3.7 New Ru…

Every employer shall keep records which contain the name and address of each employee, the birth date if under the age of 18, the total hours worked each day and each workweek, earnings, including the regular hourly wage, gross to net amounts with itemized deductions, and the bas…

If additions to wages paid so affect the total cash wages due in any workweek as to result in the employee receiving less in cash than the minimum hourly wage provided in the act or in any applicable wage order or if the employee works in excess of 40 hours a week the employer sh…

The employer may use any system of time keeping containing the items specified in N.J.A.C. 12:56-4.1, provided it is a complete, true and accurate record. Notes N.J. Admin. Code § 12:56-4.2

(a) Many employees, particularly in offices, are on a fixed working schedule from which they seldom vary. In these instances, the employer may keep a record showing the exact schedule of daily and weekly work hours that the employee is expected to follow and merely indicate each …

Records containing the information required by this subchapter shall be kept for six years. Notes N.J. Admin. Code § 12:56-4.4

(a) Records shall be kept at the place of employment or in a central office in New Jersey, except as provided in (b) below. (b) In unusual circumstances where it is not feasible to keep records in New Jersey, exception from this provision may be obtained from the Commissioner. (c…

Supplementary to the provisions of any section of this chapter pertaining to the records to be kept with respect to employee, every employer of employees who receive gratuities shall also maintain and preserve payroll or other records containing the total gratuities received by e…

(a) Employees receiving gratuities shall report them either daily or weekly as required by the employer. The information in the report shall include: 1. The employee's name, address and social security number; 2. The name and address of the employer; 3. The calendar day or week c…

The United States Treasury Department, Internal Revenue Service, "Employee's Report on Tips" shall be acceptable in those instances where the report is made on a weekly basis or less. Notes N.J. Admin. Code § 12:56-4.8

(a) Supplementary to the provisions of any section of this chapter pertaining to the records to be kept with respect to employees, every employer, who claims credit for food or lodging as a cash substitute for employees who receive food or lodgings supplied by the employer, shall…

Employees entitled to the benefits of the act shall be paid for all hours worked. Notes N.J. Admin. Code § 12:56-5.1

(a) All the time the employee is required to be at his or her place of work or on duty shall be counted as hours worked. (b) Nothing in this chapter requires an employer to pay an employee for hours the employee is not required to be at his or her place of work because of holiday…

Employees who reside on the employer's premises and whose hours worked are irregular and intermittent to the extent that it is not feasible to account for the hours actually on duty may be compensated for not less than eight hours for each day on duty in lieu of any other applica…

(a) A workweek shall be a regularly recurring period of 168 hours in the form of seven consecutive 24-hour periods. (b) The workweek need not be the same as the calendar week and may begin any day of the week and any hour of the day. (c) The workweek shall be designated to the em…

(a) An employee who by request of the employer reports for duty on any day shall be paid for at least one hour at the applicable wage rate, except as provided in (b) below. (b) The provisions of (a) above shall not apply to an employer when he or she has made available to the emp…

(a) When employees are not required to remain on the employer's premises and are free to engage in their own pursuits, subject only to the understanding that they leave word at their home or with the employer where they may be reached, the hours shall not be considered hours work…

"On-call" employees may be required by their employer to remain at their homes to receive telephone calls from customers when the company office is closed. If "on-call" employees have long periods of uninterrupted leisure during which they can engage in the normal activities of l…

(a) Differences between clock records and actual hours worked. Time clocks are not required. In those cases where time clocks are used, employees who voluntarily come in before their regular starting time or remain after their closing time, do not have to be paid for such periods…

For each hour of working time in excess of 40 hours in any week, except for those exemptions set forth in N.J.S.A. 34:11-56a 4 or as provided in N.J.A.C. 12:56-7.1, every employer shall pay to each of his or her employees, wages at a rate of not less than 1 1/2 times such employe…

(a) Overtime and minimum wage pay shall be computed on the basis of each workweek standing alone. (b) Hours shall not be averaged over two or more workweeks. Notes N.J. Admin. Code § 12:56-6.2

Covered employees shall be entitled to overtime pay based upon their actual wages and not the specified minimum wages. Notes N.J. Admin. Code § 12:56-6.3

(a) Covered employees shall be paid 1 1/2 times the regular hourly wage for each hour of working time in excess of 40 hours in any workweek. (b) There is no requirement that an employee be paid premium overtime compensation for hours in excess of eight hours per day, nor for work…

(a) The "regular hourly wage" is a rate per hour. (b) The act does not require employers to compensate employees on an hourly rate basis. Their earnings may be determined on a piece-rate, salary, bonus, commission or other basis, but the overtime compensation due to employees sha…

(a) The "regular hourly wage" shall not be deemed to include: 1. Payments in the nature of gifts made on holidays or on other special occasions or as a reward for service, the amounts of which are not measured by or dependent on hours worked, production or efficiency; 2. Payments…

(a) Overtime premium payments shall not be offset by allowances for the value of food, lodging or gratuities since such allowances are already considered in determining the straight time wages paid. Overtime premium payments shall be cash payments by the employer. (b) Where the e…

Any individual employed in a bona fide executive, administrative, professional or outside sales capacity shall be exempt from the overtime requirements of N.J.A.C. 12:56-6.1. Notes N.J. Admin. Code § 12:56-7.1

(a) Except as set forth in (b) below, the provisions of 29 CFR Part 541 are adopted herein by reference. (b) Not adopted by reference are those provisions within 29 CFR Part 541 that apply solely to those individuals employed by government employers, including, but not limited to…

(a) Pursuant to N.J.S.A. 34:11-56a 4, any individual employed by a common carrier of passengers by motor bus shall be exempt from the overtime requirements of N.J.A.C. 12:56-6.1. (b) "Common carrier of passengers by motor bus," as used in this section, shall mean any employer tha…

(a) "Fair value" means not more than the actual cost to the employer of the food or lodging supplied by an employer and does not include a profit to the employer nor to any affiliated business or person. (b) "Gratuity" means cash received by an employee for services rendered for …

Where employees practice gratuity splitting (for example, where food servers pay a portion of the gratuities received by them to food clearers), each employee shall have included in wages only the applicable proportionate share. Notes N.J. Admin. Code § 12:56-8.2 Amended by R.199…

(a) In determining the cash gratuities actually received by an employee, the following methods shall be evidentiary value: 1. Statements, including United States Treasury Department, Internal Revenue Service, "Employee's Report on Tips", that are furnished by an employee to an em…

(a) Provided there is an agreement in advance with the employees, the employer, in order to facilitate the administrative handling of gratuity allowances, may establish an average value of gratuities received by an employee based upon a percentage of gross sales apportioned on ba…

In no event shall N.J.A.C. 12:56-6.4 and 6.5 be interpreted to deny to an employee the right to make claim for additional cash compensation where it is shown to the satisfaction of the Commissioner that the actual amount of tips received was less than the amount determined by the…

(a) Except whenever any determination made by regulation is applicable, the fair value to the employer of furnishing the employee with food and lodging is the cost of operation and maintenance including adequate depreciation plus a reasonable allowance for interest on the depreci…

Methods of determining fair value shall be subject to inspection and approval by the Commissioner. Notes N.J. Admin. Code § 12:56-8.7 Amended by R.1990 d.520, effective 11/5/1990. See: 22 New Jersey Register 2235(a), 22 New Jersey Register 3379(b). Deleted text that referred to "…

The following is an example of a method of determining fair value: Employer "A" has three employees who are furnished food and lodging in addition to gross cash wages of $ 2.50 per hour. The cost of food purchased for the employees is $ 72.00 total a week. The building housing th…

Notes N.J. Admin. Code § 12:56-8.9 Repealed by R.1995 d.553, effective 10/16/1995. See: 27 New Jersey Register 2868(a), 27 New Jersey Register 3958(a). Section was "Cash wage guarantee in food service occupations".

(a) "Individual with disability" means an individual whose earning capacity is impaired by a physical or mental disability and who is being served or eligible to be served in accordance with the recognized rehabilitation program of a sheltered workshop, education institution, or …

(a) Application for a special permit shall be filed on properly executed prescribed forms with the Office of Wage and Hour Compliance. Special permit means authorization to employ individuals with disabilities at wages less than minimum wage rates for such period of time fixed an…

(a) The following criteria may be considered in determining the necessity of issuing a special permit: 1. The present and previous earnings of disabled employees; 2. The nature and extent of the disability; 3. The wages of employees who are not disabled engaged in comparable work…

(a) All terms and conditions shall be complied with under which a special permit is granted. (b) No individual who is not an individual with a disability shall be employed under a special permit at wages lower than the minimum required by the act. Notes N.J. Admin. Code § 12:56-9…

(a) The Commissioner may cancel any special permit for cause. (b) A special permit may be canceled as of the date of issuance upon the following conditions: 1. If it is found that fraud has been exercised in obtaining the special permit or in permitting an individual with a disab…

(a) The purpose of this chapter is to define and clarify certain sections of N.J.S.A. 34:11-56a et seq. (b) This chapter shall apply to the wage rates for the employment of minors subject to N.J.S.A. 34:11-34 et seq. (c) This chapter shall apply to minors employed in mercantile o…