N.J. Admin. Code § Tit. 4A, ch. 3, app A

Current through Register Vol. 56, No. 21, November 4, 2024
Appendix A

APPENDIX A: OVERTIME ELIGIBILITY
AND COMPENSATION CHART
ELIGIBILITY STATUSCOMPENSATION
In excess of 35 butnot more than
Comp40 hours per workweek
Plan
35
(covered)35Cash compensation at one
and one-half times the
hourly proration of the
base salary or
compensatory time off
(CTO) at one and one-half
times the hours worked
35
(exempt)3ECash compensation
at one and one-half
times the
hourly proration
of the base salary or CTO
at one and one-half times
the hours worked
40
(covered)40Not applicable
40
(exempt)4ENot applicable
NL
covered)NENo cash compensation
CTO for unusual work
time to a maximum of
hour for hour
(discretionary). [n4]
NL
(exempt)NLNo cash
compensation. CTO
for unusual work
time to a maximum
of hour for hour
(discretionary). [n4]
NL4
(exempt)N4Not applicable
APPENDIX A: OVERTIME ELIGIBILITY AND COMPENSATION CHART
ELIGIBILITY STATUSCOMPENSATION In excess of 35 but not more than per workweek as prescribedIn excess of 40 hours by FLSA
Comp Plan
35
(covered)35Cash compensation at one
and one-half times the
regular rate [n1] or CTO at one
and one-half times the
hours worked providing the
employee has not accrued
more than 240 hours of CTO. [n2]
35
(exempt)3ECash compensation at
one and one-half
times the hourly
proration of the
base salary or
CTO at one and one-half
times the hours worked.
40
(covered)Cash compensation at one and
one-half times the regular rate n1
or CTO at one and one-half times
the hours worked providing the
employee has not accrued more
than 240 hours of CTO. [n2]
40
(exempt)4ECash compensation at one and
one-half times the regular rate
or CTO at one and one-half
times the hours worked.
NL
covered)NECash compensation at one and
one-half times the regular
rate [n1] or CTO at one and
one-half times the
hours worked providing the
employee has not accrued more
than 240 hours of CTO. [n2]
NL
(exempt)NLNo cash compensation. [n3]
CTO for unusual
work time
to a maximum
of hour for hour
(discretionary). [n5]
NL4
(exempt)N4No cash compensation. [n3] CTO
for unusual work time to a
maximum of hour for hour
(discretionary). [n5]
[n1] Regular rate in the hourly proration of the employee's annual base salary plus the fair market value of gods and facilities received as part of the wages. Employees who work at different pay rates in a single workweek shall have their hourly proration based on a weight average of the different rates.
[n2] Note: Employees engaged in a public safety activity, an emergency response activity, or a seasonal activity may accrue not more than 480 hours of CTO.
[n3] Except as provided in 4A:3-5.7(d) (Exceptional Emergencies).
[n4] Except as provided in 4A:3-5.3(d)2.
[n5] Except as provided in 4A:3-5.6(b)2.

N.J. Admin. Code Tit. 4A, ch. 3, app A

Amended by R.1993 d.424, effective 9/7/1993.
See: 25 New Jersey Register 1916(a), 25 New Jersey Register 4064(a).
Administrative correction.
See: 37 New Jersey Register 3035(a).