reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.5 - Anniversary dates: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An anniversary date is the biweekly pay period in which an employee is eligible, if warranted by performance and place in the salary range, for a salary increase.
1. An employee's anniversary date shall be assigned upon initial appointment to the first pay period following the completion of 26 full pay periods after appointment. In years which contain 27 pay periods, anniversary dates shall be determined in accordance with a schedule issued by the Civil Service Commission.
EXAMPLE: An employee is appointed to a position on Monday, August 17, 2016. The first full pay period following the date of appointment is pay period 19, which begins on August 20, 2016. The employee's anniversary date is pay period 18 in calendar year 2017, expressed as 18/17.
2. An employee who starts work on the first Tuesday of a pay period immediately following a Monday holiday or special day off shall be assigned the anniversary date of that pay period.
3. An employee at the eighth step of the range only becomes eligible for advancement to the ninth step, if warranted by performance, following the completion of 39 pay periods.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.6 - Anniversary date change when employee is in non-pay status: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, time spent by employees in non-pay status, including suspensions, shall not be included in total time of employment when calculating eligibility for annual increments.
1. An employee's anniversary date shall be advanced by one full pay period for each full pay period in non-pay status.
2. If an employee is in non-pay status on an intermittent basis during the course of a calendar year, the employee's anniversary date shall be advanced by one pay period for each 10 working days in non-pay status.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.7 - Determining types of pay adjustments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
When an employee moves to a different title, including a change in workweek and/or work year, the type of pay adjustment shall be determined according to class code change as follows:
Compared to Old Title
Class Code of New Title Type of Pay Adjustment
Applicable Section
Same
Lateral
4A:3-4.8
Higher
Promotion, upward title
4A:3-4.9
reevaluation, and other advancements
Lower
Demotion
4A:3-4.1 0
Downward title reevaluation
4A:3-4.1 1
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.8 - Lateral pay adjustments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A lateral pay adjustment occurs when an employee moves to a title having the same class code. An employee affected by such lateral pay adjustment shall not be considered to have been promoted or demoted, even if actual salary changes.
(b) Employees affected by a lateral pay adjustment shall have their pay adjusted to the same step in the salary range of the new title as that step at which they were paid in the salary range of the former title. The employee's anniversary date shall not be changed.
EXAMPLE: An employee currently on step four, salary range A10 ($ 35,949.31), in a 35-hour workweek title (class code 11), is appointed to a 40-hour workweek title in class code 11. The new salary range will be A12, and the employee will be placed on step four ($ 39,218.13). NOTE: Salaries effective July 12, 2014.
(c) When a workweek change occurs for an employee whose salary is between steps of the range, the following calculation shall be made to accommodate the workweek adjustment. Divide the amount of extra salary by the amount of the increment of the employee's current salary range. This will provide a percentage of the current increment represented by the extra salary. Adjust the employee's salary to the new range at the same step. Calculate the amount of extra salary by applying the percentage arrived at above to the increment of the new range.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.9 - Advancement pay adjustments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless a different salary adjustment is established in a collective negotiations agreement, the following provisions shall be applied when employees are appointed to a title with a higher class code, except that in no event shall such adjustment result in a higher salary than that provided for in this section.
(b) Employees who are appointed to a title with a higher class code shall receive a salary increase equal to at least one increment in the salary range of the former title plus the amount necessary to place them on the next higher step in the new range. If the workweek changes, workweek adjustments will be made prior to the determination of anniversary date. If the workweek increases, workweek adjustments will be made prior to salary determinations. (See (g) below). This subsection shall apply when the following conditions are met:
1. Employees are appointed from their permanent title to a title with a higher class code following or subject to a promotional examination;
2. Employees are serving in a title which is reevaluated to a higher class code; or
3. Employees are appointed to a title with a higher class code, when the conditions in (b)1, 2, or 3 above are not applicable, provided the Chairperson or designee finds the following criteria are met:
i. The employee has served continuously in the lower title for at least four months immediately preceding the effective date of the advancement; and
ii. The service in the lower title provided significant preparation and training for service in the higher title.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.10 - Demotional pay adjustments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The salary of an employee who receives a disciplinary demotion shall be adjusted by reducing the employee's salary one increment in the higher range. Then, the employee's salary in the lower range will be set at the step that is equal to or next lower than such reduced salary.
1. The adjustment in (a) above shall be made after adjustment for workweek. See 4A:3-4.9(f).
i. When a workweek change occurs for an employee whose salary is between steps of the range, the following calculation shall be made to accommodate the workweek adjustment: Divide the amount of extra salary by the amount of the increment of the employee's current salary range. This will provide a percentage of the current increment represented by the extra salary. Adjust the employee's salary to the workweek adjusted range at the same step. Calculate the amount of extra salary by applying the percentage arrived at above to the increment of the workweek adjusted range.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.11 - Downward title reevaluation pay adjustments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a title is reevaluated to a lower class code, or when a title is eliminated and incumbents are placed in a title having a lower class code, each employee in that title shall remain at his or her current base salary. The part of an employee's base salary that is above the nearest lower step in the lower range will be carried as extra salary until the employee's anniversary date, at which time the employee's salary shall be moved to the next higher step, if warranted by performance, in lieu of the normal performance increment. If the employee's base salary is above the maximum step, the employee will be red circled, that is, remain at that salary until the maximum step of the lower range is increased to a level at or above the employee's base salary, at which time the employee's salary shall be moved to that maximum step of the lower range.
1. The effective date of a downward title reevaluation shall be the first pay period that is 60 days after the date of the reevaluation determination by the Chairperson or designee.
2. All employees affected by a downward title reevaluation and their negotiations representatives shall be given notice by the appointing authority of the reduction in range at least 45 days prior to the effective date.
3. When a title has been eliminated and incumbents placed in a title having a lower class code, the Chairperson or designee, on his or her own initiative or upon the request of affected employees and/or their negotiations representatives, may provide for additional adjustments for affected employees.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.12 - Movement of employees from no-range or single rate titles to titles having salary ranges: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a title is changed from a no-range or single rate category to a range in the Compensation Plan, or when an employee moves from a no-range title to a title having a salary range, the salary shall be adjusted up to the step in the range that is the same or next higher than the salary of the no range or single rate title and the anniversary date assigned based on the pay period the employee would have been eligible for an increase in the no range or single rate title, providing the following two criteria are met:
1. The Civil Service Commission finds that service in the no-range title provided the employee with significant experience and training for service in the range title; and
2. The employee has served in the former title for four months or more.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.13 - Salaries of employees whose annual salaries are not on a step in their salary range: State service

Current through Register Vol. 56, No. 14, July 15, 2024
Except as otherwise provided by the Chairperson, an employee whose base salary is not on a step in his or her salary range shall remain at his or her current base salary. That part of an employee's salary that is above the nearest lower step in the salary range will be carried as extra salary until the employee's anniversary date, at which time the employee's salary shall be moved to the next higher step, if warranted by performance, in lieu of the normal performance increment. If the employee's base salary is above the maximum step, the employee will be red circled, that is, remain at that salary until the maximum step of the range is increased to a level at or above the employee's base salary, at which time the employee's salary shall be moved to that maximum step of the range.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.14 - Movement of employees to trainee titles from titles having higher pay rates: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in (b) below, an employee with permanent status or with at least six months' continuous service may, at the option of the appointing authority, retain his or her current salary when appointed to a trainee title. The employee shall remain at his or her salary until the salary rate of the trainee title exceeds the employee's salary, the employee advances to the primary title after completing the training period, or the employee is advanced to a higher title. Upon advancement from the trainee title to the primary title, the employee's salary shall be determined by reconstructing the employee's salary as if the employee had continued to serve in his or her permanent title during the training period or by the normal advancement from a trainee to a primary title, whichever is greater.
(b) An employee in (a) above shall not be paid higher than the maximum step of the primary title.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.15 - Salaries for employees appointed to tentative title positions: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When appointed to positions designated "Tentative Title":
1. New employees, at the discretion of their appointing authority, may be appointed at a salary up to the fourth step of the salary range initially recommended for the title by the Chairperson or designee based on the new title request materials submitted by an appointing authority.
2. Current employees of an agency shall have their salaries adjusted in accordance with rules which would be applicable if, in fact, the title were actually compensated at the salary range specified in (a)1 above.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.16 - Salaries of employees on military leave during a trainee period: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon return from military leave, a regularly appointed employee in a trainee title shall receive a salary at the six months rate, provided the total time in the trainee title on the job and on leave equals six months or more.
(b) Upon successful completion of the total 12 months of trainee service on the job, including the required working test period, the employee will be advanced to the primary title at the salary rate the employee would have received had the employee not been on military leave.
(c) The employee's personnel record shall indicate seniority in all pertinent titles retroactive to dates on which the employee would have gained such seniority had the employee not gone on military leave.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.17 - Salaries and anniversary dates for employees appointed from a special reemployment list: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The salary of an employee appointed from a special reemployment list shall be determined as follows:
1. When appointed to the same title held at the time of the reduction in force, the employee shall receive the same step of the salary range received on the date of the layoff or the salary determined in accordance with (a)2 below, whichever is the most beneficial to the employee.
2. When appointed to a different title from the one held at the time of the reduction in force, the employee shall receive the most beneficial to the employee of the following:
i. The same step and salary range that he or she would have received if appointed to the new title on the date of the reduction in force; or
ii. When the employee is currently serving in another title, the salary determined by adjustment to the new title:
(1) When appointed to a new title with the same class code, make a lateral pay adjustment, 4A:3-4.8;
(2) When appointed to a new title with a higher class code, make an advancement pay adjustment, 4A:3-4.9. If the employee has attained a higher salary in a lower title than the current value of the step he or she would have received in the new title on the date of the layoff, the salary shall be set at the step that is next higher than the salary in the lower title. The anniversary date will be set based on the effective date of the action; or
(3) When appointed to a new title with a lower class code, make a demotional pay adjustment, 4A:3-4.1 0.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.18 - Salaries and anniversary dates for employees appointed from a regular reemployment list: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A current State employee who is appointed from a regular reemployment list shall have the salary and anniversary date determined in accordance with 4A:3-4.8 through 4A:3-4.1 1, as appropriate. If the employee would receive a greater salary under the provisions of (b) below, the appointing authority may request application of those provisions.
(b) An individual not currently employed by the State who is appointed from a regular reemployment list shall receive an anniversary date based on the new date of appointment and, at the request of the appointing authority, be paid:
1. When re-appointed to the prior permanent title, up to the same step in the salary range which the employee was receiving in that title; or, if the employee was serving in an unclassified title or provisionally in another title at the time of the separation, up to the same step in the salary range which the employee would have received had the employee been returned to his or her permanent title on the date of the separation.
2. When reappointed to a title other than the prior permanent title, up to the same step in the salary range which the employee would have received if the employee had been appointed to the title on the date of the separation.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.19 - Other forms of compensation: State service

Current through Register Vol. 56, No. 14, July 15, 2024
The Chairperson shall issue annual updates to the Compensation Plan regarding computing pay for temporary employees, extra compensation on special projects, emergency rates, and other allowances to employees.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.20 - Retroactive pay: State service

Current through Register Vol. 56, No. 14, July 15, 2024
Personnel actions having retroactive effective dates shall apply only to employees who remain on a State payroll on the date of the retroactive payment and employees who retire or die during the period of retroactive application.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 4 - COMPENSATION › Section 4A:3-4.21 - Salary overpayments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Civil Service Commission may waive, in whole or in part, the repayment of an erroneous salary overpayment, or may adjust the repayment schedule based on consideration of the following factors:
1. The circumstances and amount of the overpayment were such that an employee could reasonably have been unaware of the error;
2. The overpayment resulted from a specific administrative error, and was not due to mere delay in processing a change in pay status;
3. The terms of the repayment schedule would result in economic hardship to the employee.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In local service, overtime compensation shall be paid pursuant to standards prepared and administered by the appointing authority in accordance with the Fair Labor Standards Act, 29 U.S.C. 201 et seq.
(b) In State service, overtime compensation for employees in the career, senior executive and unclassified services shall be paid pursuant to this subchapter. See chart (Appendix A) at the end of this subchapter which outlines these overtime provisions.
(c) See N.J.A.C. 4A:6-2 for State service hours of work and workweek designation rules.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.2 - Definitions: State service

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.
"Base salary" means the employee's rate of pay exclusive of any additional payments or allowances.
"Cash overtime compensation" means payment at a rate of one and one-half times the hourly proration of the employee's base salary, or one and one-half times the employee's regular rate, as specified.
"Compensatory time off" means the granting of time off in lieu of cash payment where permitted for excess or unusual work time.
"Covered position" means a position which is subject to the provisions of the Fair Labor Standards Act, 29 U.S.C. 201 et seq.
"Exempt position" means a position which is excluded from the provisions of the Fair Labor Standards Act.
"Fixed workweek title" means a title specified in the State Compensation Plan as having a 35 hour (35, 3E) or 40 hour (40, 4E) workweek. See 4A:6-2.2.
"Holiday" means a legal holiday or a special holiday authorized by law or executive order.
"Non-limited title" means a title having irregular or variable work hours. Such titles may be designated as exempt non-limited (NL, N4), or covered, also known as non-exempt, non-limited (NE). See 4A:6-2.3.
"Overtime compensation" means cash overtime compensation or compensatory time off as permitted.
"Pay period" means the period beginning 12:01 A.M. Saturday and ending midnight the second Friday following (Note: A schedule of pay periods is published annually by the New Jersey Department of the Treasury.).
"Regular rate" means the hourly proration of the employee's annual base salary plus the fair market value of goods and facilities received as part of the wages. For employees in covered titles, the regular rate includes clothing allowances unless the allowance is for the purchase or maintenance of prescribed clothing required by the employer. Employees in covered non-limited titles (NE) shall be deemed to have a 40-hour workweek for determining the hourly proration. Employees who work at different pay rates in a single workweek shall have their hourly proration based on a weighted average of the different rates.
"Seven day coverage position" means a position assigned to an area where work coverage is required on a seven day basis throughout the year.
"Workweek" means the period beginning 12:01 A.M. Saturday and ending midnight the following Friday except in those instances where the Commissioner or his or her representative has approved an alternate workweek for overtime purposes for employees engaged in seven day operations.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.3 - 40 hours or less in a workweek: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees in the following groups may be eligible for overtime compensation for work performed beyond their regular work hours, but not more than 40 hours:
1. Employees in 35 hour fixed workweek titles (35, 3E) for time worked in excess of the regular workweek.
2. Employees in 35 hour fixed workweek titles (35, 3E) who are participating in an approved alternative workweek program may be eligible for overtime compensation for work performed beyond 70 work hours in a 14 day work period.
3. Employees in non-limited titles (NL, NE) who meet unusual work time requirements, at the discretion of the appointing authority.
4. State Police law enforcement officers, at the request of the Office of Employee Relations.
5. Part-time employees only when they work beyond the regular workweek established for full-time employees in their titles.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.4 - Criteria for exemption from Federal Fair Labor Standards Act: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are the criteria for exemption from the Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq.:
1. An unclassified employee is exempt if he or she:
i. Holds a public elective office of the State:
ii. Is a member of the personal staff of an elected office holder;
iii. Is appointed by such an office holder to serve on a policy making level;
iv. Is an immediate adviser to such an office holder with respect to the constitutional or legal powers of the office; or
v. Meets one of the criteria for exemption set forth in (a)2 through 6 below.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.5 - Federal fair labor standards applicable to more than 40 hours in a workweek for 35, 40, and NE titles: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees in covered positions may be eligible for overtime compensation under this section as follows:
1. Employees in covered fixed workweek titles (35, 40) and covered non-limited titles (NE), shall be eligible for either cash payment or compensatory time off at the discretion of the department head with the approval of the Chairperson or designee for time worked in excess of 40 hours per week, provided that compensatory time off in lieu of cash overtime compensation is permitted by one of the following agreements:
i. Applicable provisions of a collective negotiations agreement, memorandum of understanding, or any other agreement between the State and representatives of such employees;
ii. In the case of employees who do not have a collective negotiations representative, an agreement or understanding made between the appointing authority and the employee before the performance of the overtime work. For such employees who were hired prior to April 15, 1986, the regular practice in effect on April 15, 1986 regarding compensatory time off in lieu of cash overtime compensation shall constitute an agreement or understanding.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.6 - Federal fair labor standards applicable to more than 40 hours in a workweek for 3E, 4E, NL, and N4 titles: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Employees in exempt positions may be eligible for overtime compensation under this section as follows:
1. Employees in exempt fixed workweek titles (3E, 4E) shall be eligible for either cash payment or compensatory time off at the discretion of the department head with the approval of the Chairperson or designee for time worked in excess of 40 hours per week.
2. Employees in 4E titles who are participating in an approved alternative workweek program may be eligible for overtime compensation for work performed beyond 80 hours in a 14 day work period.
3. Employees in exempt non-limited titles (NL, N4) shall not be eligible for cash overtime compensation except as provided in 4A:3-5.7(d).
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.7 - Special circumstances: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Eligibility for overtime compensation for on call employees shall be as follows:
1. Employees in covered positions (35, 40, NE) who are required to remain on call and cannot use their own time effectively shall be considered to be working and shall have such on call time included in the total hours worked. In those situations where employees are merely required to remain at home or leave word with appropriate officials where they may be reached, they are not considered to be working while on call unless their freedom to engage in personal activities during that period is severely restricted.
i. Overtime compensation at the rate of one and one-half times the regular rate or one and one-half hours for each hour worked in excess of the regular workweek shall only be payable for that period after total hours worked exceed 40 hours in a workweek.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.8 - Holiday pay: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Full-time and part-time employees in fixed workweek titles shall be entitled to overtime compensation in addition to their regular rate of compensation for all work performed on a holiday, except as provided in (d) below, even if they are not in pay status for a full workweek.
(b) Employees in non-limited titles are not entitled to overtime compensation for work performed on a holiday, except as provided in 4A:3-5.6. However, those in titles below that of agency head may, at the discretion of the appointing authority, be granted comparable time off to a maximum of hour for hour for such work in addition to their regular rate of compensation.
(c) The following shall govern overtime compensation for full-time and part-time employees in fixed workweek titles who are employed in a seven day coverage operation:
1. If a holiday occurs on a regular workday of an employee, the employee is entitled to overtime compensation for all work performed on that holiday in addition to the regular rate of compensation.
2. If a holiday occurs on a regular day off, an employee shall be given an additional day off in the same workweek. If, as a result of an emergency, the employee is required to work on the additional day, he or she shall be entitled to overtime compensation for all work performed on the additional day.
3. If a holiday occurs on a regular workday of an employee and the employee does not report for duty, he or she shall not be eligible for overtime compensation or an alternate day off for that holiday.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.9 - Appointing authority responsibilities: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each appointing authority shall develop procedures for administering overtime that are consistent with this subchapter and at a minimum provide for:
1. Written authorization by the appointing authority or his or her designee in advance of overtime to be worked. Whenever circumstances are such that prior authorization is not possible, the overtime must be authorized in writing immediately thereafter;
2. Records of approved overtime requests and work accomplished;
3. Systems for continuous and periodic review of overtime requirements with a view toward accomplishing the work during regular work time; and
4. Written procedures for supervisory personnel to follow in the authorization of either compensatory time or cash payment for overtime.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Subchapter 5 - OVERTIME COMPENSATION › Section 4A:3-5.10 - Appeal procedures: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals may be filed under this subchapter as follows:
1. Position designation appeals, in which the issue is the status of a particular position as exempt or covered under the Fair Labor Standards Act, 29 U.S.C. 201 et seq.; and/or
2. Title designation appeals, in which the issue is the status of an entire job title in the State classification plan as exempt or covered under the Fair Labor Standards Act.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 3 - CLASSIFICATION, SERVICES, AND COMPENSATION › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
APPENDIX A: OVERTIME ELIGIBILITY
AND COMPENSATION CHART
ELIGIBILITY STATUS
COMPENSATION
In excess of 35 but
not more than
Comp
40 hours per workweek
Plan
35
(covered)
35
Cash compensation at one
and one-half times the
hourly proration of the
base salary or
compensatory time off
(CTO) at one and one-half
times the hours worked
35
(exempt)
3E
Cash compensation
at one and one-half
times the
hourly proration
of the base salary or CTO
at one and one-half times
the hours worked
40
(covered)
40
Not applicable
40
(exempt)
4E
Not applicable
NL
covered)
NE
No cash compensation
CTO for unusual work
time to a maximum of
hour for hour
(discretionary). [n4]
NL
(exempt)
NL
No cash
compensation. CTO
for unusual work
time to a maximum
of hour for hour
(discretionary). [n4]
NL4
(exempt)
N4
Not applicable
APPENDIX A: OVERTIME ELIGIBILITY AND COMPENSATION CHART
ELIGIBILITY STATUS
COMPENSATION In excess of 35 but not more than per workweek as prescribedIn excess of 40 hours by FLSA
Comp Plan
35
(covered)
35
Cash compensation at one
and one-half times the
regular rate [n1] or CTO at one
and one-half times the
hours worked providing the
employee has not accrued
more than 240 hours of CTO. [n2]
35
(exempt)
3E
Cash compensation at
one and one-half
times the hourly
proration of the
base salary or
CTO at one and one-half
times the hours worked.
40
(covered)
Cash compensation at one and
one-half times the regular rate n1
or CTO at one and one-half times
the hours worked providing the
employee has not accrued more
than 240 hours of CTO. [n2]
40
(exempt)
4E
Cash compensation at one and
one-half times the regular rate
or CTO at one and one-half
times the hours worked.
NL
covered)
NE
Cash compensation at one and
one-half times the regular
rate [n1] or CTO at one and
one-half times the
hours worked providing the
employee has not accrued more
than 240 hours of CTO. [n2]
NL
(exempt)
NL
No cash compensation. [n3]
CTO for unusual
work time
to a maximum
of hour for hour
(discretionary). [n5]
NL4
(exempt)
N4
No cash compensation. [n3] CTO
for unusual work time to a
maximum of hour for hour
(discretionary). [n5]
[n1] Regular rate in the hourly proration of the employee's annual base salary plus the fair market value of gods and facilities received as part of the wages. Employees who work at different pay rates in a single workweek shall have their hourly proration based on a weight average of the different rates.
[n2] Note: Employees engaged in a public safety activity, an emergency response activity, or a seasonal activity may accrue not more than 480 hours of CTO.
[n3] Except as provided in 4A:3-5.7(d)  (Exceptional Emergencies).
[n4] Except as provided in 4A:3-5.3(d)2.
[n5] Except as provided in 4A:3-5.6(b)2.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.1 - Career service appointments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Regular appointments to titles allocated to the competitive division of the career service shall be subject to an examination process and successful completion of a working test period.
(b) The Chairperson or designee may authorize an appointing authority to make a regular appointment of a qualified person to a title in the noncompetitive division of the career service without an examination. Preference shall be given to disabled veterans and then veterans. See N.J.A.C. 4A:5 on veterans' preference.
(c) The Chairperson or designee may authorize the promotion, through promotional examination procedures, from the noncompetitive division, of permanent employees who meet the open competitive requirements, to:
1. A related entry level title in the competitive division;
2. In appropriate situations, to a related above-entry level title in the competitive division; or
3. An unrelated entry level or above-entry level title in the competitive division, in appropriate situations, such as a classification determination.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.2 - Senior executive service appointments: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A senior executive service appointment may be made to any position allocated to the senior executive service by the Civil Service Commission.
(b) Permanent career service employees and qualified persons without permanent status are eligible for senior executive service appointments. See N.J.A.C. 4A:3-2.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.3 - Unclassified appointments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An unclassified appointment may be made to any title or position allocated to the unclassified service by statute or the Civil Service Commission.
(b) The permanent appointment rights of Title 11A, New Jersey Statutes, are not applicable to unclassified appointments. See N.J.A.C. 4A:3.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.5 - Provisional appointments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A provisional appointment may be made only in the competitive division of the career service when all of the following conditions are met:
1. There is no complete list of eligibles, and no one remaining on an incomplete list will accept provisional appointment;
2. The appointing authority certifies that the appointee meets the minimum qualifications for the title at the time of the appointment; and
3. The appointing authority certifies that failure to make the provisional appointment will seriously impair its work.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.6 - Interim appointments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this rule, the term "phasedown" shall mean a phased reduction in size of a government operation, in anticipation of a closing of the operation.
(b) When an appointing authority makes an appointment to a specific position in State service or a specific title in local service, an interim appointment shall be made where the position/title is held by a permanent employee who:
1. Is on a leave of absence;
2. Is on indefinite suspension;
3. Has been removed or demoted for disciplinary reasons and is awaiting final administrative action by the Civil Service Commission on appeal; or
4. Has accepted an interim appointment.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.7 - Temporary appointments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson or designee may approve temporary appointments to positions in which the job assignment is for an aggregate period of not more than six months in a 12-month period. A temporary appointment for a maximum of 12 months may be approved by the Chairperson or designee to a position established as a result of a short-term grant.
(b) A temporary appointee shall meet the minimum qualifications for the title.
(c) See 4A:4-4.7 for effect on permanent appointment rights.
(d) Consecutive temporary appointments in excess of the periods set forth in (a) above are prohibited.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.8 - Emergency appointments

Current through Register Vol. 56, No. 14, July 15, 2024
The Chairperson or designee may authorize an emergency appointment for a period not to exceed 30 days when the appointing authority certifies that the failure to make such appointment will result in harm to persons or property.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.9 - Return of employees to their permanent titles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee with permanent status in a career service title, who is returned during or at the end of the working test period in another title, or from an appointment under 4A:4-1.3, 1.4, 1.5, 1.6, 1.7, or 1.8, to his or her permanent title, will have rights to a position in the permanent title in the same organizational unit.
1. The employee must have held the permanent title within current continuous service.
2. In State service, an organizational unit shall mean an appointing authority. In local service, an organizational unit shall mean a department or separate agency within the same governmental jurisdiction. A school district shall be considered a separate jurisdiction.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 1 - TYPES OF APPOINTMENTS › Section 4A:4-1.10 - Approval of appointments by Civil Service Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All initial and subsequent appointments, promotions, and related personnel actions in the career, unclassified, or senior executive service are subject to the review and approval of the Chairperson or designee.
1. The Civil Service Commission may direct personnel action freezes in connection with layoffs or other emergent circumstances.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 2 - COMPETITIVE EXAMINATIONS › Section 4A:4-2.1 - Announcements and applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On a daily basis, open competitive examination announcements shall be posted on, and applications made available through, the Civil Service Commission web site (
http://www.state.nj.us/csc
) and may be publicized by other appropriate means, as approved by the Chairperson or designee, to secure sufficient qualified candidates.
(b) In order to notify all employees of promotional opportunities, promotional examination announcements shall be posted on, and applications shall be made available through, the Civil Service Commission web site and may also be made available through the web sites of affected appointing authorities. If an affected appointing authority does not maintain or utilize a web site, promotional examination announcements shall be conspicuously posted by the affected appointing authority at all geographic locations within the unit scope (in State service) or department (in local service) to which the examination is open. Appointing authorities shall also ensure the notification by electronic or other means of all eligibles of the promotional examination announcement. Appointing authorities shall maintain a record of promotional examination announcement postings and the notification of eligibles of the announcement.
(c) Examination announcements shall include at least the following information:
1. Title of the examination;
2. Salary information;
3. Minimum qualifications for admission to the examination;
4. Filing information;
5. In open competitive examinations, a reference to duties and responsibilities; and
6. For State open competitive announcements: location of the vacancy(ies).
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 2 - COMPETITIVE EXAMINATIONS › Section 4A:4-2.2 - Types of examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Chairperson or designee shall administer examinations for appointment in the competitive division of the career service, which may include any one or more of the following:
1. Written tests;
2. Oral tests;
3. Performance tests;
4. Physical performance tests;
5. Evaluation of education, training or experience;
6. Computer-based tests;
7. Assessment exercises; and
8. Other appropriate measures of knowledge, skills, and abilities.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 2 - COMPETITIVE EXAMINATIONS › Section 4A:4-2.3 - Open competitive examinations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Vacancies shall be filled by promotional examination, unless the Chairperson or designee determines that it is in the best interest of the career service to hold an open competitive examination. The determination to announce an open competitive examination shall be based on at least one of the following conditions:
1. The vacancy is in an entrance level title;
2. There are fewer than three qualified permanent employees in appropriate lower titles in the unit scope (See 4A:1-1.3 for definition of unit scope);
3. If more than one vacancy, the total number of qualified permanent employees in appropriate lower titles in the unit scope exceed by fewer than three the total number of vacancies;
4. A list resulting from a promotional examination will be exhausted before all present or anticipated vacancies are filled; or
5. The title requires special, technical or professional training or qualifications which are not required in lower titles.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 2 - COMPETITIVE EXAMINATIONS › Section 4A:4-2.4 - Promotional title scope: local service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a title which is the subject of a promotional examination is part of a title series, the examination, with or without all or part of the open competitive requirements, as appropriate, shall be open to one of the following:
1. The next lower in-series title used in the local jurisdiction;
2. The next two lower in-series titles used in the local jurisdiction; or
3. All applicants in the unit scope who meet the open competitive requirements and all applicants in the next lower or next two lower in-series titles used in the local jurisdiction.
New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 4 - SELECTION AND APPOINTMENT › Subchapter 2 - COMPETITIVE EXAMINATIONS › Section 4A:4-2.5 - Promotional title scope: State service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of announcing promotional examinations, all titles will be divided into one of the following categories:
1. Professional, which requires a Bachelors or higher level degree, with or without a clause to substitute experience for education;
2. Para-professional, which requires at least 60 general college credits or 12 or more specific college credits (but less than a full degree), with or without a clause to substitute experience for education; or
3. Non-professional, which requires less than 60 general college credits or less than 12 specific college credits.