N.J. Admin. Code § 4A:3-5.6

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

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

(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).

(b) Overtime compensation for employees in exempt positions shall be as follows:

1. Exempt employees in fixed workweek titles (3E, 4E) shall be compensated either in 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 the regular workweek.

i. Cash compensation for overtime work shall be at the rate of one and one-half times the hourly proration of an employee's base salary.

ii. Compensatory time off in lieu of cash compensation shall be at the rate of one and one-half hours for each hour worked in excess of the regular workweek.

2. Exempt employees in non-limited workweek titles (NL, N4) who meet unusual work time requirements may, at the discretion of the appointing authority, be compensated through either a provision for flexible work time patterns or a grant of comparable amounts of time off to a maximum of one hour for each hour of unusual work time, provided that employees serving as a commissioner or department head; an assistant or deputy commissioner; a division director or equivalent; and employees in exempt positions in titles which are not represented in collective negotiations with established salary ranges at or above range 32, and in such exempt positions in titles with single rates or no range who are receiving a salary at or above the first step of such ranges, shall not be granted such compensation. See 4A:3-5.7(e)2 as to special project rates.

3. Employees in exempt positions who are not eligible for cash overtime compensation shall not receive a cash payment for unused comparable time off upon separation from service.

N.J. Admin. Code § 4A:3-5.6

Amended by 49 N.J.R. 1182(a), effective 5/15/2017