N.J. Admin. Code § 12:69-1.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:69-1.8 - Records

(a) An employer shall retain for a period of five years, all records documenting hours worked by employees and earned sick leave accrued/advanced (N.J.A.C. 12:69-3.3 and 3.4), used (N.J.A.C. 12:69-3.5), paid (N.J.A.C. 12:69-3.6), and paid out and carried over (N.J.A.C. 12:69-3.7) by/to employees.

1. The employer is not required to maintain (or, therefore, retain) records documenting hours worked with regard to an employee who is exempt under either the Federal Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., or the New Jersey Wage and Hour Law, N.J.S.A. 34:11-56a et seq., and for whom the employer either advances earned sick leave under N.J.A.C. 12:69-3.4, or for whom, under N.J.A.C. 12:69-3.3c), the employer chooses to presume solely for the purpose of calculating earned sick leave accrual that the employee works 40 hours per week.

(b) The records described in (a) above shall be kept at the place of employment or in a central office in New Jersey and shall be open to inspection by the Commissioner at any reasonable time.

(c) If an employee files a claim that the employer has failed to properly accrue, advance, permit the use of, pay, payout, or carry-over earned sick leave under the Act or this chapter and the employer has not maintained or retained adequate records documenting hours worked by the employee and earned sick leave accrued/advanced, used, paid, paid out, and carried over by/to the employee or has not allowed the Commissioner access to the records, it shall be presumed, absent clear and convincing evidence to the contrary, that the employer has violated the Act.

(d) Any information an employer possesses regarding the health of an employee or any family member of the employee or domestic or sexual violence affecting an employee or employee's family member shall be treated as confidential and not disclosed, except to the affected employee or with the written permission of the affected employee.

N.J. Admin. Code § 12:69-1.8

Adopted by 52 N.J.R. 20(a), effective 1/6/2020