N.J. Admin. Code § 12:56-7.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 12:56-7.2 - Defining and delimiting the exemptions from overtime for executive, administrative, professional, and outside sales employees

(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.

N.J. Admin. Code § 12:56-7.2

Amended by R.2012 d.046, effective 2/21/2012.
See: 43 N.J.R. 3075(a), 44 N.J.R. 504(b).
Section was "Defining and delimiting the exceptions from overtime for executive, administrative, professional, and outside sales employees". Added (c).