reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 5 - HOURS WORKED › Section 12:56-5.7 - On-call employees required to remain at home

Current through Register Vol. 56, No. 14, July 15, 2024
"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 living, any reasonable agreement of the parties for determining the number of hours worked shall be accepted. The agreement shall take into account not only the actual time spent in answering the calls but also some allowance for the restriction on the employee's freedom to engage in personal activities resulting from the duty of answering the telephone.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 5 - HOURS WORKED › Section 12:56-5.8 - Use of time clocks

Current through Register Vol. 56, No. 14, July 15, 2024
(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 provided, of course, that they do not engage in any work. Their early or late clock punching may be disregarded. Minor differences between the clock records and actual hours worked cannot ordinarily be avoided, but major discrepancies should be discouraged since they raise a doubt as to the accuracy of the records of the hours actually worked.
(b) "Rounding" practices. It has been found that in some industries, particularly where time clocks are used, there has been the practice for many years of recording the employees' starting time and stopping time to the nearest 5 minutes, or to the nearest 1/10 or quarter of an hour. Presumably, this arrangement averages out, so that the employees are fully compensated for all the time they actually work. For enforcement purposes this practice of computing working time will be accepted, provided that it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 6 - OVERTIME › Section 12:56-6.1 - Rate of overtime payment

Current through Register Vol. 56, No. 14, July 15, 2024
For each hour of working time in excess of 40 hours in any week, except for those exemptions set forth in 34:11-56a 4 or as provided in 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 employee's regular hourly wage.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 6 - OVERTIME › Section 12:56-6.2 - Computation

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 6 - OVERTIME › Section 12:56-6.4 - Workweek hours

Current through Register Vol. 56, No. 14, July 15, 2024
(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 on Saturdays, Sundays, holidays or regular days of rest, other than the required overtime for over 40 hours per week; provided, however, nothing shall relieve an employer of any obligation he or she may have assumed by contract or of any obligation imposed by other State or Federal law limiting overtime hours of work or to pay premium rates for work which are in excess of the minimum required by this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 6 - OVERTIME › Section 12:56-6.5 - "Regular hourly wage" payment basis

Current through Register Vol. 56, No. 14, July 15, 2024
(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 shall be paid on the basis of the hourly rate derived therefrom. Therefore, the regular hourly wage of an employee is determined by dividing his or her total remuneration for employment, exclusive of overtime premium pay, in any workweek, by the total number of hours worked in that workweek for which such compensation was paid.
(c) If an employee is remunerated solely on the basis of a single hourly rate, the hourly rate shall be his or her "regular hourly wage".
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 6 - OVERTIME › Section 12:56-6.6 - Items excluded from "regular hourly wage"

Current through Register Vol. 56, No. 14, July 15, 2024
(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 made for occasional periods when no work is performed due to vacation, holiday or other similar cause;
3. Reasonable payments for traveling or other expenses incurred by an employee in the furtherance of his or her employer's interests and properly reimbursable by the employer which are not made as compensation for employment;
4. Sums paid in recognition of services performed during a given period if either:
i. Both the fact that payment is to be made and the amount of payment are determined at the sole discretion of the employer at or near the end of the period and not pursuant to any prior contract, agreement or promise causing the employee to expect such payments regularly; or
ii. The payments are made pursuant to a bona fide profit-sharing plan or trust, or thrift or savings plan to the extent to which the amounts paid to the employee are determined without regard to hours of work, production or efficiency; or
5. Contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan providing for old age, retirement, life, accident, or health insurance or similar benefits for employees; or
6. Additional premium compensation for hours worked in excess of eight hours per day, or for work on Saturdays, Sundays, holidays, or regular days of rest; or
7. Overtime premiums.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 6 - OVERTIME › Section 12:56-6.7 - Offsets; cash payments

Current through Register Vol. 56, No. 14, July 15, 2024
(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 employee's pay includes the value of gratuities, food or lodging and it is not feasible to determine the exact regular hourly wage during a particular week, the employer shall be deemed to have fulfilled the overtime requirements of this chapter if the premium payment for the overtime hours is paid in cash on the basis of the agreed hourly wage, but in no event shall the premium payment be at a rate less than the applicable minimum rate.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 7 - EXEMPTIONS FROM OVERTIME › Section 12:56-7.1 - Employees exempt from overtime

Current through Register Vol. 56, No. 14, July 15, 2024
Any individual employed in a bona fide executive, administrative, professional or outside sales capacity shall be exempt from the overtime requirements of 12:56-6.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 7 - EXEMPTIONS FROM OVERTIME › Section 12:56-7.2 - Defining and delimiting the exemptions from overtime for executive, administrative, professional, and outside sales employees

Current through Register Vol. 56, No. 14, July 15, 2024
(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, those individuals employed by State, county and municipal employers, since the definition of the term "employer" within 34:11-56a 1 does not include government employers. See 34:11-56a 1 ("employer" includes any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee); See also,
Allen v. Fauver, 167 N.J.
69 (2001).
(c) "Administrative" shall also include an employee whose primary duty consists of sales activity and who receives at least 50 percent of his or her total compensation from commissions and a total compensation of not less than $ 400.00 per week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 7 - EXEMPTIONS FROM OVERTIME › Section 12:56-7.3 - Exemption from overtime for an employee of a common carrier of passengers by motor bus

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to 34:11-56a 4, any individual employed by a common carrier of passengers by motor bus shall be exempt from the overtime requirements of 12:56-6.1.
(b) "Common carrier of passengers by motor bus," as used in this section, shall mean any employer that operates an "autobus," as that term is defined in 48:4-1, where the operation of the "autobus" has been authorized by the Chief Administrator of the New Jersey Motor Vehicle Commission through the issuance of a certificate of public convenience and necessity under 48:4-3.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 8 - GRATUITIES, FOOD AND LODGING › Section 12:56-8.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 an employer or customer of an employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 8 - GRATUITIES, FOOD AND LODGING › Section 12:56-8.2 - Gratuity splitting

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 8 - GRATUITIES, FOOD AND LODGING › Section 12:56-8.3 - Determining cash gratuities

Current through Register Vol. 56, No. 14, July 15, 2024
(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 employer;
2. Amounts indicated on customer billing, credit card invoices or other customer charge accounts wherein there is an indicated service charge or gratuity designated for the employee and payable to the employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 8 - GRATUITIES, FOOD AND LODGING › Section 12:56-8.4 - Administrative handling of gratuities

Current through Register Vol. 56, No. 14, July 15, 2024
(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 basis of hours worked among the employees being tipped. This portion shall be:
1. Derived from a representative sampling of the sources indicated in 12:56-8.3; or
2. Ten percent; or
3. Such other method as may be agreed upon subject to the approval of the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 8 - GRATUITIES, FOOD AND LODGING › Section 12:56-8.5 - Additional cash contribution claim

Current through Register Vol. 56, No. 14, July 15, 2024
In no event shall 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 employer.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 8 - GRATUITIES, FOOD AND LODGING › Section 12:56-8.6 - Fair value computed

Current through Register Vol. 56, No. 14, July 15, 2024
(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 depreciated amount of capital invested by the employer.
(b) The fair value so computed shall not exceed the rental value of comparable facilities in the State.
(c) The cost of operation and maintenance, the rate of depreciation, and the depreciated amount of capital invested by the employer shall be arrived at in accordance with generally accepted accounting practices.
(d) Generally accepted accounting practices shall not include those rejected by the New Jersey Division of Taxation or the Federal Internal Revenue Service for tax purposes, and the term "depreciation" includes obsolescence.
(e) Items found to be primarily for the benefit of the employer shall not be included in the cost.
(f) Lodging furnished which is in violation of any Federal, State, or local law, ordinance or prohibition shall be valued at nothing.
(g) When a fair market value does not exist for rental of the lodging in the competitive open market, the fair market value shall be zero.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 8 - GRATUITIES, FOOD AND LODGING › Section 12:56-8.7 - Inspection of fair value methods

Current through Register Vol. 56, No. 14, July 15, 2024
Methods of determining fair value shall be subject to inspection and approval by the Commissioner.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 8 - GRATUITIES, FOOD AND LODGING › Section 12:56-8.8 - Method of determining "fair value"

Current through Register Vol. 56, No. 14, July 15, 2024
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 the employees cost $ 36,000 in 1978 and subsequent improvements amounted to $ 4,000. Maintenance costs for the year were $ 2,480. The estimated life of the building when constructed was 50 years. The building can adequately house six persons.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 9 - EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES › Section 12:56-9.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 other program of rehabilitation approved by the commissioner.
(b) "Sheltered workshop" means a charitable organization or institution conducted not for profit, but for the purpose of carrying out a recognized program of rehabilitation for individuals whose earning capacity is impaired by age, physical or mental deficiency or injury, and to provide such individuals with remunerative employment or other occupational rehabilitating activity of an educational or therapeutic nature.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 9 - EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES › Section 12:56-9.2 - Application for permit

Current through Register Vol. 56, No. 14, July 15, 2024
(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 and stated in the authorization.
(b) A blanket special permit may be issued for an entire sheltered workshop or a department of a sheltered workshop.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 9 - EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES › Section 12:56-9.3 - Criteria for permit

Current through Register Vol. 56, No. 14, July 15, 2024
(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;
4. The types and duration of rehabilitative services;
5. The extent to which individuals with disabilities share, through wages, in the receipts for work done;
6. The extent to which the disabled employees are learners;
7. Whether there exists any employer arrangement with customers or subcontractors which appears to be an unfair method of competition which tends to spread or perpetuate substandard wage levels; and
8. The productivity of the disabled employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 9 - EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES › Section 12:56-9.4 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 9 - EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES › Section 12:56-9.5 - Cancellation of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(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 disability to work thereunder; or
2. As of the date of the violation, if it is found that any of the provisions of the act, or of the terms of the special permit have been violated; or
3. As of the date of notice of cancellation, if in the judgment of the Commissioner, the special permit is no longer necessary in the interest of the employees covered.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 11 - EMPLOYMENT IN THE FIRST PROCESSING OF FARM PRODUCTS OCCUPATIONS › Section 12:56-11.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 products" means an establishment which is primarily engaged in the first processing of, or in canning or packing, perishable or seasonal fresh fruits or vegetables for human consumption, during seasonal operations.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 11 - EMPLOYMENT IN THE FIRST PROCESSING OF FARM PRODUCTS OCCUPATIONS › Section 12:56-11.2 - Minimum wage

Current through Register Vol. 56, No. 14, July 15, 2024
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 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 11 - EMPLOYMENT IN THE FIRST PROCESSING OF FARM PRODUCTS OCCUPATIONS › Section 12:56-11.3 - Overtime rates

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 12 - EMPLOYMENT IN SEASONAL AMUSEMENT OCCUPATIONS › Section 12:56-12.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 year, its average receipts for any consecutive six months of such year were not more than 33 1/3 percent of its average receipts for the other six months of that year.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 12 - EMPLOYMENT IN SEASONAL AMUSEMENT OCCUPATIONS › Section 12:56-12.2 - Minimum wage

Current through Register Vol. 56, No. 14, July 15, 2024
Employees engaged in seasonal amusement occupations shall be paid at minimum wage rates as provided in 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 12 - EMPLOYMENT IN SEASONAL AMUSEMENT OCCUPATIONS › Section 12:56-12.3 - Overtime rates

Current through Register Vol. 56, No. 14, July 15, 2024
Employees engaged in seasonal amusement occupations shall be exempt from the overtime provisions of the act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 13 - EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS › Section 12:56-13.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 rental furnished or unfurnished; except this definition shall not include summer camps and country clubs when these activities are not part of a hotel or motel establishment.
(b) "Seasonal hotel and motel" means a hotel or motel in which, during the previous business year, not less than two-thirds of the gross receipts were received in a continuous period of three months or less.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 13 - EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS › Section 12:56-13.2 - Minimum wage

Current through Register Vol. 56, No. 14, July 15, 2024
Employees including those under 18 years of age engaged in hotel and motel occupations shall be paid a minimum wage rate as provided in 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 13 - EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS › Section 12:56-13.3 - Overtime rates

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 13 - EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS › Section 12:56-13.4 - Cash wage standard

Current through Register Vol. 56, No. 14, July 15, 2024
(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 the balance of the $ 5.05 minimum wage required under State law is paid through gratuities in accordance with N.J.A.C. 12:56-4 and 12:56-8. Employers not subject to the Fair Labor Standards Act must demonstrate that the total wage, including cash and gratuities, equals the $ 5.05 minimum wage required under State law in accordance with N.J.A.C. 12:56-4 and 12:56-8.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 13 - EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS › Section 12:56-13.5 - Substantiation of gratuities; food and lodging cost

Current through Register Vol. 56, No. 14, July 15, 2024
Employer substantiation of gratuities received by an employee and the cost of food and lodging shall be as provided in this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 13 - EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS › Section 12:56-13.6 - Food and lodging as wages over 40 hours

Current through Register Vol. 56, No. 14, July 15, 2024
Food and lodging supplied to employees shall not be included in wages for those hours worked in excess of 40 hours per week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 13 - EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS › Section 12:56-13.7 - Cash wage condition of employment

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 13 - EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS › Section 12:56-13.8 - Required food and lodging acceptance; costs

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 14 - EMPLOYMENT IN FOOD SERVICE OCCUPATIONS › Section 12:56-14.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 employee in the restaurant industry.
(c) "Uniform" means any garment such as dress, apron, collar, cuffs or headdress which is worn by the employee either at the direction of the employer or as a condition of employment.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 14 - EMPLOYMENT IN FOOD SERVICE OCCUPATIONS › Section 12:56-14.2 - Minimum wage

Current through Register Vol. 56, No. 14, July 15, 2024
Employees including those under 18 years of age employed at restaurant occupations shall be paid a minimum wage rate as provided in 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 14 - EMPLOYMENT IN FOOD SERVICE OCCUPATIONS › Section 12:56-14.3 - Overtime rates

Current through Register Vol. 56, No. 14, July 15, 2024
(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 the employee's regular hourly wage rate is more than the minimum per hour, then the overtime rate is 1-1/2 times the employee's regular rate.
3. Food and lodging supplied to employees shall not be included in wages for those hours worked in excess of 40 hours per week. Gratuities shall not be counted toward the premium part of the overtime. The additional halftime must be in cash.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 14 - EMPLOYMENT IN FOOD SERVICE OCCUPATIONS › Section 12:56-14.4 - Cash wage standard

Current through Register Vol. 56, No. 14, July 15, 2024
(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 the balance of the $ 5.05 minimum wage required under State law is paid through gratuities in accordance with N.J.A.C. 12:56-4 and 12:56-8. Employers not subject to the Fair Labor Standards Act must demonstrate that the total wage, including cash and gratuities, equals the $ 5.05 minimum wage required under State law in accordance with N.J.A.C. 12:56-4 and 12:56-8.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 14 - EMPLOYMENT IN FOOD SERVICE OCCUPATIONS › Section 12:56-14.5 - Substantiation of gratuities, food and lodging cost

Current through Register Vol. 56, No. 14, July 15, 2024
Employer substantiation of gratuities received by an employee and the cost of food and lodging shall be as provided in this chapter.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 14 - EMPLOYMENT IN FOOD SERVICE OCCUPATIONS › Section 12:56-14.6 - Food and lodging as wages over 40 hours

Current through Register Vol. 56, No. 14, July 15, 2024
Food and lodging supplied to employees shall not be included in wages for those hours worked in excess of 40 hours per week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 14 - EMPLOYMENT IN FOOD SERVICE OCCUPATIONS › Section 12:56-14.7 - Cash wage condition of employment

Current through Register Vol. 56, No. 14, July 15, 2024
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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 14 - EMPLOYMENT IN FOOD SERVICE OCCUPATIONS › Section 12:56-14.8 - Meals and lodging applicable to minimum wage

Current through Register Vol. 56, No. 14, July 15, 2024
Meals and lodging shall be considered applicable toward the minimum wage unless the employee elects not to receive such meals and lodging.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 15 - EMPLOYMENT IN AIR CARRIER INDUSTRY › Section 12:56-15.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(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 hour-a-day basis.
(b) "Air carrier employer" means an air carrier holding a certificate of public convenience and necessity issued by the Civil Aeronautics Board pursuant to Section 401 of the Federal Aviation Act of 1958, 49 USC Section 1371.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 15 - EMPLOYMENT IN AIR CARRIER INDUSTRY › Section 12:56-15.2 - Minimum wage

Current through Register Vol. 56, No. 14, July 15, 2024
Employees engaged in the air carrier industry shall be paid a minimum wage rate as provided in 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 15 - EMPLOYMENT IN AIR CARRIER INDUSTRY › Section 12:56-15.3 - Overtime rates

Current through Register Vol. 56, No. 14, July 15, 2024
(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 employer determines that the workload demands permit the employee's absence; or
3. The rescheduled time off is taken within specified periods.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 16 - INDEPENDENT CONTRACTOR STATUS › Section 12:56-16.1 - Independent contractor status criteria

Current through Register Vol. 56, No. 14, July 15, 2024
The criteria identified in the Unemployment Compensation Law at 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.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 17 - UNIFORMS › Section 12:56-17.1 - Uniforms

Current through Register Vol. 56, No. 14, July 15, 2024
(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, cooks, and dishwashers shall be provided and maintained by the employer.
(c) If uniforms are required which are not appropriate for street wear or use in other establishments, the employer shall pay for the cost of such uniforms.
(d) If a particular type of clothing is required to be worn, which is appropriate for street wear, the employer who requires an employee to furnish more than one style, type or color of clothing during any one year of his or her employment shall pay to each such employee, in addition to his or her regular wages otherwise due, the amount which employee is required to pay for newly required uniform or uniforms and such additional payment shall be made to the employee in the week in which the change is required.
(e) No deduction from the pay of employees for uniforms shall be permitted. If the employee pays for uniforms in cash and the cash payment brings the employee below the minimum wage, the employer shall make up the difference for the minimum wage for that week.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 18 - SCHOOL-TO-WORK PROGRAM › Section 12:56-18.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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 employment opportunities available;
2. Develop awareness of the relevant factors to be considered in making career decisions;
3. Become familiar with occupational clusters and classifications;
4. Explore key occupational areas and assess their own interests and abilities; and
5. Develop tentative occupational plans and arrive at a tentative career choice.
"Incidental" means any irrelevant, occasional productive work which is not part of achieving learning objectives.
"Internship" means a program of study for a student which includes supervised practical training.
"Job shadowing" means the process by which a student learner determines (by observation, interview and study) the pertinent information related to an occupation. Information can include such factors as: qualifications for employment, functions performed, necessary skills and knowledge, equipment and material used, and physical demands and working environment.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 18 - SCHOOL-TO-WORK PROGRAM › Section 12:56-18.2 - School-to-work program requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(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 student learner;
3. There is collaboration and planning between worksite staff and school staff resulting in clearly identified learning objectives related to the non-paid activities;
4. Any productive work is incidental to achieving learning objectives;
5. The student learner receives credit for time spent at the worksite and the student is expected to achieve the learning objectives;
6. The student learner is supervised by a school official and a workplace mentor;
7. The non-paid activity is of a limited duration, related to an educational purpose and there is no guarantee or expectation that the activity will result in employment; and
8. The student learner does not replace an employee.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 19 - EMPLOYMENT IN THE TRUCKING INDUSTRY › Section 12:56-19.1 - Trucking industry employer defined

Current through Register Vol. 56, No. 14, July 15, 2024
"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 jurisdiction of the Secretary of Transportation pursuant to the Federal Motor Carrier Act, 49 U.S.C. §
										31501 et seq., whose employees are exempt under Section 13(b)(1) of the Fair Labor Standards Act, 29 U.S.C. §
										213(b)(1), which provides an exemption to employees regulated by Section 204 of the Federal Motor Carrier Act and Interstate Commerce Act.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 19 - EMPLOYMENT IN THE TRUCKING INDUSTRY › Section 12:56-19.2 - Minimum wage

Current through Register Vol. 56, No. 14, July 15, 2024
Employees engaged in the trucking industry shall be paid a minimum wage rate as provided in 34:11-56a 4 and 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 19 - EMPLOYMENT IN THE TRUCKING INDUSTRY › Section 12:56-19.3 - Overtime rates

Current through Register Vol. 56, No. 14, July 15, 2024
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-half times the minimum wage required pursuant to 34:11-56a 4 and 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 20 - EMPLOYMENT OF SKILLED MECHANICS › Section 12:56-20.1 - Skilled mechanic defined

Current through Register Vol. 56, No. 14, July 15, 2024
(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 of the vehicle, for example, transmission mechanic, brake mechanic, engine mechanic, air-conditioning mechanic.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 20 - EMPLOYMENT OF SKILLED MECHANICS › Section 12:56-20.2 - Minimum wage

Current through Register Vol. 56, No. 14, July 15, 2024
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 12:56-3.1.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Subchapter 20 - EMPLOYMENT OF SKILLED MECHANICS › Section 12:56-20.3 - Overtime rates

Current through Register Vol. 56, No. 14, July 15, 2024
(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 34:11-56a 4 and 12:56-6.1 provided all of the following conditions are met:
1. The mechanic shall be paid on a flat rate or incentive rate basis; and
2. The mechanic shall be guaranteed a basic contractual hourly rate, separate from and exclusive from the flat or incentive rate. The contractual hourly rate must include payment of time and one-half of the hourly rate for all hours actually worked in excess of 40 hours per week. The contractual hourly rate must be at least minimum wage.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 56 - WAGE AND HOUR › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
AVAILABILITY OF STANDARDS REFERRED TO IN THIS CHAPTER
A copy of each of the standards referenced in this chapter is on file and may be inspected at the following office between the hours of 9:00 A.M. and 4:00 P.M. on normal working days:
New Jersey Department of Labor and Workforce Development
Labor Standards and Safety Enforcement
John Fitch Plaza
Trenton, New Jersey
Copies of the referenced standards may be obtained from the following office:
Division of Wage and Hour Compliance
New Jersey Department of Labor and Workforce Development
PO Box 389
Trenton, New Jersey 08625-0389
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 57 - WAGE ORDERS FOR MINORS › Subchapter 1 - GENERAL PROVISIONS › Section 12:57-1.1 - Purpose; scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to define and clarify certain sections of 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 occupations, beauty culture occupations, and laundry, cleaning and dyeing occupations.
(d) Other wage orders and regulations for minors under 18 years of age are provided for under N.J.A.C. 12:56-11, 13 and 14, Wage and Hour.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 57 - WAGE ORDERS FOR MINORS › Subchapter 1 - GENERAL PROVISIONS › Section 12:57-1.2 - Violations and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(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 about to testify before a wage board or in any other investigation or proceeding or because the employer believes that the employee may serve on a wage board or may testify before a wage board or in any investigation or proceeding under this chapter and shall be guilty of a disorderly person offense and upon conviction be punished by a fine of not more than $ 500.00.
(b) An employer or the officer or agent of any corporation is a disorderly person if he or she pays or agrees to pay to any minor less than the rates applicable to such minor under a mandatory minimum fair wage order and shall be guilty of a disorderly person offense and upon conviction be punished by a fine of not more than $ 500.00 or by imprisonment of not more than 90 days or by both such fine and imprisonment. Each week, in any day of which an employee is paid less than the rate applicable to him or her under a mandatory minimum fair wage order; and each employee so paid, shall constitute a separate offense.
(c) An employer or the officer or agent of any corporation is a disorderly person if he or she fails to keep the records required or to furnish such records to the Commissioner upon request and shall be guilty of a disorderly person offense and upon conviction be punished by a fine of not more than $ 500.00 and each day of such failure to keep the records or to furnish same as required shall constitute a separate offense.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 57 - WAGE ORDERS FOR MINORS › Subchapter 2 - DEFINITIONS › Section 12:57-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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, 34:11-56a et seq.
"Commissioner" means the Commissioner of the Department of Labor and Workforce Development or his or her designee.
"Division of Wage and Hour Compliance" means the Division of Wage and Hour Compliance within the Labor Standards and Safety Enforcement program area of the New Jersey State Department of Labor and Workforce Development, PO Box 389, Trenton, N.J. 08625.
"Employee" means any individual employed by an employer.
"Employer" means any individual, partnership, association, corporation or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
"Minor" means any person under the age of 18 years.
"N.J.A.C." means the New Jersey Administrative Code.
"N.J.S.A." means the New Jersey Statutes Annotated.
New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 57 - WAGE ORDERS FOR MINORS › Subchapter 3 - MERCANTILE OCCUPATIONS › Section 12:57-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
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.