N.J. Admin. Code § 4A:3-5.3

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

Section 4A:3-5.3 - 40 hours or less in a workweek: State service

(a) Employees in the following groups may be eligible for overtime compensation for work performed beyond their regular work hours, but not more than 40 hours:

1. Employees in 35 hour fixed workweek titles (35, 3E) for time worked in excess of the regular workweek.

2. Employees in 35 hour fixed workweek titles (35, 3E) who are participating in an approved alternative workweek program may be eligible for overtime compensation for work performed beyond 70 work hours in a 14 day work period.

3. Employees in non-limited titles (NL, NE) who meet unusual work time requirements, at the discretion of the appointing authority.

4. State Police law enforcement officers, at the request of the Office of Employee Relations.

5. Part-time employees only when they work beyond the regular workweek established for full-time employees in their titles.

(b) Temporary employees shall not be eligible for overtime compensation under this section.

(c) An employee shall be eligible for overtime compensation under this section only when:

1. The employee is in pay status for the full number of hours in his or her regular workweek;

2. The employee works at least one hour beyond the regular workweek or approved alternative workweek program of 70 hours in a 14 day work period, for employees in 35 hour fixed workweek titles (35, 3E); and

3. The work is covered by the job specification for the employee's title, except for emergencies as provided in 4A:3-5.7(d).

(d) Overtime compensation under this section shall be paid as follows:

1. Employees in 35 hour fixed workweek titles (35, 3E) shall be compensated either in cash payment or compensatory time off at the discretion of the appointing authority with the approval of the Chairperson or designee for time worked in excess of the regular workweek but not more than 40 hours, except that such employees participating in an approved alternative workweek program of 70 hours in a 14 day work period shall be so compensated for time worked in excess of 70 hours but not more than 80 hours.

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. An overtime rate conversion table shall be published with the State Compensation Plan.

ii. Compensatory time off shall be at the rate of one and one-half hours for each hour worked in excess of the regular workweek or approved alternative workweek program of 70 hours in a 14 day work period for employees in 35 hour fixed workweek titles (35, 3E).

2. Employees in non-limited titles (NL, NE) who meet unusual work time requirements may, at the discretion of the appointing authority, be compensated through either a provision for flexible work 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. Except as described below, in no event shall employees in non-limited titles have any entitlement to cash overtime compensation.

i. During the period of March 28, 2020, to the expiration of the Public Health Emergency declared for COVID-19, employees who conduct in home and community child abuse and neglect investigations in the Department of Children and Families, Division of Child Protection and Permanency, COVID-19 Impact Team, and employees in direct care and service titles in the Division of Developmental Disabilities are eligible to receive cash overtime at one and one-half times the regular rate for hours worked between 35 and 40 hours per workweek. Applicable employees must receive approval from their Department heads to receive overtime under this subparagraph.

ii. During the period of March 28, 2020, to the expiration of the Public Health Emergency declared for COVID-19, employees with increased workloads directly related to COVD-19 response in the Department of Labor and Workforce Development Divisions of Income Security, Disability Determinations, Information Technology, and Finance and Administration are eligible to receive cash overtime at one and one-half times the regular rate for hours worked between 35 and 40 hours per workweek. Applicable employees must receive approval from their Department heads to receive overtime under this subparagraph.

iii. During the period of March 28, 2020, to the expiration of the Public Health Emergency declared for COVID-19, employees in direct care and service titles (NL and NE only) in the Department of Health are eligible to receive cash overtime at one and one-half times the regular rate for hours worked between 35 and 40 hours per workweek. Applicable employees must receive approval from their Department heads to receive overtime under this provision.

iv. The provisions of (d)2i, ii, and iii above do not apply to employees in titles assigned 40, 4E, or N4 workweeks.

3. Work credited toward overtime compensation must be in one-half hour units of continuous work beyond each regular work day, or a work day in an approved alternative workweek program of 70 hours in a 14 day work period for employees in 35 hour fixed workweek titles (35, 3E).

4. Employees in non-limited (NL, NE) 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:3-5.3

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

Modified by Executive Order No. 103(2020) 52 N.J.R. 1110(a), effective 4/29/2020

Modified by Executive Order No. 103(2020) 52 N.J.R. 1307(b), effective 6/3/2020