N.J. Admin. Code § 12:56-5.6

Current through Register Vol. 56, No. 9, May 6, 2024

Section 12:56-5.6 - On-call time

(a) When employees are not required to remain on the employer's premises and are free to engage in their own pursuits, subject only to the understanding that they leave word at their home or with the employer where they may be reached, the hours shall not be considered hours worked. When an employee does go out on an on-call assignment, only the time actually spent in making the call shall be counted as hours worked.

(b) If calls are so frequent or the "on-call" conditions so restrictive that the employees are not really free to use the intervening periods effectively for their own benefit, they may be considered as "engaged to wait" rather than "waiting to be engaged". In that event, the waiting time shall be counted as hours worked.

Amended by R.1990 d.520, effective 11/5/1990.
See: 22 New Jersey Register 2235(a), 22 New Jersey Register 3379(b).
Clarified text to specify "on-call time" and when hours are considered hours worked.
Administrative Correction to (a).
See: 23 New Jersey Register 1416(c).