New Jersey Administrative Code

(a) An employer or his or her agent, or the officer or agent of any corporation, is a disorderly person, if he or she discharges or in any other manner discriminates against any employee because the employee has served or is about to serve on a wage board or has testified or is a…

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

This subchapter shall apply to the minimum wage rates paid to all minors engaged in mercantile occupations, irrespective of the nature of the business of the employer or the location of the place where the work is being performed. Notes N.J. Admin. Code § 12:57-3.1 Amended by R.1…

(a) "Diversified employment" means employment of an employee by one employer in mercantile occupations and during the same time being employed in occupations either covered or not covered by other minimum wage orders. (b) An employee who during any payroll period works at diversi…

No minor whose earning capacity has been impaired by physical or mental disability shall be paid at less than the minimum wage until a special license, in accordance with the provisions of N.J.S.A. 34:11-56a 17(b), has been obtained by the employer from the Division of Wage and H…

(a) Every employer shall keep a record of the name and address of each such employee, together with a record of the ages of all minors, a true and accurate record of the amount paid each pay period to each minor, and such other records as are essential in determining an employee'…

A notice issued by the Division of Wage and Hour Compliance setting forth the provisions of this subchapter shall be posted in a conspicuous place in every room where minors are employed at mercantile occupations. Notes N.J. Admin. Code § 12:57-3.13 Amended by R.2000 d.424, effec…

(a) "Mercantile occupation" means: 1. Any employment in or for any industry or business selling or offering for sale any type of merchandise, wares, goods, articles or commodities. 2. All work connected with the soliciting of sales or opportunities for sale and the distributing o…

Minors under 18 years of age at mercantile occupations shall be paid not less than the statutory minimum wage rate. Notes N.J. Admin. Code § 12:57-3.3 Amended by R.1981 d.226, effective 7/9/1981. See: 13 New Jersey Register 307(a), 13 New Jersey Register 441(c). Deleted reference…

(a) Overtime, at the rate of not less than one and one-half times the regular rate at which the employee is actually employed, shall be paid to each minor for hours worked in excess of 40 in any one week, except that the overtime rate shall not apply to an executive, professional…

(a) "Regular hourly wage" means the amount that an employee is regularly paid for each hour of work as determined by dividing the total hours of work during the week into the employee's total earnings for the week, exclusive of overtime premium pay. (b) The regular rate of pay at…

Time during regular working hours and at other periods when employees are required to wait on the premises and no work is provided by the employer shall be counted as working time and paid at such employee's regular hourly wage. Notes N.J. Admin. Code § 12:57-3.6

An employee who is required or authorized to travel, from one establishment to another shall be compensated for the travel time at the same rate as for working time and shall be reimbursed for travel expense. Notes N.J. Admin. Code § 12:57-3.7

(a) Minors employed on a piece work or commission basis shall be employed at rates which yield to each employee not less than the minimum wage established for time workers. (b) For any week during which a minor is employed on a piece work or commission basis, or any basis whatsoe…

Whenever an employee is employed in any week solely in occupations governed by another minimum wage order, such employee may, for such week, be paid not less than the minimum rates required by such other minimum wage order. Notes N.J. Admin. Code § 12:57-3.9

This subchapter shall apply to the minimum wage rates paid to all minors engaged in beauty culture occupations, irrespective of the nature of the business of the employer or the location of the place where the work is being performed. Notes N.J. Admin. Code § 12:57-4.1 Amended by…

(a) Every employer shall keep the following records for each minor employee: 1. Full name, address, and occupational classification; 2. Date of birth; 3. A true and accurate record of hours worked each day including record of starting and stopping time, meal periods, total daily …

A notice issued by the Division of Wage and Hour Compliance setting forth the provisions of this subchapter shall be posted in a conspicuous place in every room where minors are employed in a beauty culture occupation. Notes N.J. Admin. Code § 12:57-4.11 Amended by R.2000 d.424, …

(a) "Beauty culture establishment" means any shop, store, place, room or part thereof, in which services are rendered in a beauty culture occupation, or any branch thereof, and a charge is made to the recipient of such services. (b) "Beauty culture occupation" means any service, …

Minors under 18 years of age at beauty culture occupations shall be paid not less than the statutory minimum wage rate. Notes N.J. Admin. Code § 12:57-4.3 Amended by R.1981 d.226, effective 7/9/1981. See: 13 New Jersey Register 307(a), 13 New Jersey Register 441(c). Delete refere…

Overtime, at the rate of not less than one and one-half times the regular rate at which the employee is actually employed, shall be paid to each minor for hours worked in excess of 40 in any one week, except that the overtime rate shall not apply to an executive, professional or …

(a) "Regular hourly wage" means the amount that an employee is regularly paid for each hour of work as determined by dividing the total hours of work during the week into the employee's total earnings for the week, exclusive of overtime premium pay. (b) The regular rate of pay at…

Any period of time during which an employee is required to wait on the premises and during which period no work is provided by the employer shall be counted as working time and be paid at such employee's regular hourly wage. Notes N.J. Admin. Code § 12:57-4.6

In no case shall tips or gratuities from patrons be counted as part of the minimum wage or regular wage rate being paid to an employee. Notes N.J. Admin. Code § 12:57-4.7

Employers shall furnish all material and equipment pertinent to performance of the work with the exception of personal manicuring and hair cutting tools. Notes N.J. Admin. Code § 12:57-4.8

No minor whose earning capacity has been impaired by physical or mental disability shall be paid at less than the minimum wage, unless a special license, in accordance with the provisions of N.J.S.A. 34:11-56a 17(b), has been obtained by the employer from the Division of Wage and…

This subchapter shall apply to the minimum wage rate paid to all minors engaged in laundry, cleaning and dyeing occupations, irrespective of the nature of the business of the employer or the location of the place where the work is being performed. Notes N.J. Admin. Code § 12:57-5…

(a) Every employer shall keep the following records for each minor employee: 1. Full name, address, and occupational classification; 2. Date of birth; 3. A true and accurate record of hours worked each day, including a record of starting and stopping time, meal periods, total dai…

A notice issued by the Division of Wage and Hour Compliance setting forth the provisions of this subchapter shall be posted in a conspicuous place in every room where minors are employed at laundry, cleaning, and dyeing occupations. Notes N.J. Admin. Code § 12:57-5.11 Amended by …

"Laundry, cleaning and dyeing occupation" means any activity of a minor or any capacity in the marking, sorting, washing, cleansing, collecting, ironing, assembling, packaging, pressing, receiving, shipping or delivery, or any other activity including clerical work, directly inci…

Minors under 18 years of age at laundry, cleansing and dyeing occupations shall be paid not less than the statutory minimum wage rate. Notes N.J. Admin. Code § 12:57-5.3 Amended by R.1981 d.226, effective 7/9/1981. See: 13 New Jersey Register 307(a), 13 New Jersey Register 441(c)…

Overtime, at the rate of not less than one and one-half times the regular rate at which the employee is actually employed, shall be paid to each minor for hours worked in excess of 40 in any one week, except that the overtime rate shall not apply to an executive, professional or …

(a) "Regular hourly wage" means the amount that an employee is regularly paid for each hour of work as determined by dividing the total hours of work during the week into the employee's total earnings for the week, exclusive of overtime premium pay. (b) The regular rate of pay at…

Time during regular working hours and at other periods when employees are required to wait on the premises and no work is provided by the employer shall be counted as working time and paid at each employee's regular hourly wage. Notes N.J. Admin. Code § 12:57-5.6

An employee who is required or authorized to travel from one establishment to another after the beginning or before the ending of his or her work day shall be compensated for travel time at not less than the employee's regular hourly wage and shall be reimbursed for travel expens…

No minor employed on a piece work basis or any basis other than a time basis shall for any week of employment be paid less than the amount that the employee would earn for the hours of employment at the minimum wage applicable. Notes N.J. Admin. Code § 12:57-5.8

No minor whose earning capacity has been impaired by physical or mental disability shall be paid at less than the minimum wage, until a special license, in accordance with the provisions of N.J.S.A. 34:11-56a 17(b), has been obtained by the employer from the Division of Wage and …

This subchapter shall apply to the minimum wage rates paid to all minors engaged in light manufacturing and apparel occupations regardless of the nature of the business of the employer or the location of the place where the work is being performed. Notes N.J. Admin. Code § 12:57-…

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Apparel industry" means the making or otherwise producing of apparel, designed or intended to be worn by any individual. "Light manufact…

Minors employed in the apparel industry or light manufacturing as defined in N.J.A.C. 12:57-6.2 shall be paid not less than the statutory minimum wage rate. Notes N.J. Admin. Code § 12:57-6.3

Overtime, at the rate of not less than one and one-half times the regular rate at which the employee is actually employed, shall be paid to each minor for hours worked in excess of 40 in any one week, except that the overtime rate shall not apply to an executive, professional or …

Minors employed on a piece work basis shall be employed at piece work rates which yield to each such employee rates not less than the applicable statutory minimum wage rate. Notes N.J. Admin. Code § 12:57-6.5

No minor required to report for work shall be paid for less than one hour in any one day at the basic hourly rate of pay. Notes N.J. Admin. Code § 12:57-6.6

No minor whose earning capacity has been impaired by physical or mental disability shall be paid at less than the minimum wage, until a special license, in accordance with the provisions of N.J.S.A. 34:11-56a 17(b), has been obtained by the employer from the Division of Wage and …

This subchapter or an abstract thereof shall be posted in a conspicuous place in every room where minors are employed at the occupations covered by this subchapter. A copy of such abstract may be obtained from: New Jersey Department of Labor and Workforce Development Division of …

(a) The purpose of this chapter is to define and clarify certain sections of the child labor statutes. (b) This chapter shall apply to the employment of minors subject to the child labor statutes, except as provided in N.J.A.C. 12:58-1.4. Notes N.J. Admin. Code § 12:58-1.1 Amende…

(a) This chapter shall not apply to apprentices and student learners that are in a cooperative vocational education program. (b) "Apprentice" means a person: 1. Employed in a craft recognized as an apprenticeable trade; 2. Whose work in particularly hazardous occupations is incid…

Requirements for the School to Work program are found at N.J.A.C. 12:56-18. Notes N.J. Admin. Code § 12:58-1.3 New Rule, R.1995 d.549, effective 10/16/1995. See: 27 New Jersey Register 2873(a), 27 New Jersey Register 3962(b).

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. "Child labor statutes" means N.J.S.A. 34:2-21.1 et seq. and N.J.S.A. 34:2-21.57 et seq. "Combustible liquid" means any liquid with a flash p…

(a) This subchapter shall apply to occupations prohibited to minors under 16 years of age, except as provided in (b) below. (b) This subchapter shall not apply to apprentices and student learners engaged in cooperative vocational education programs. Notes N.J. Admin. Code § 12:58…