N.J. Admin. Code § 8:43E-8.6

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

Section 8:43E-8.6 - Records; dissemination of information

(a) An employer shall establish a system for keeping records of circumstances where employees are required to work in excess of an agreed to, predetermined and regularly scheduled daily work shift, or in excess of 40 hours per week. The records shall include, but not be limited to:

1. The employee's name and job title;

2. The name of the employee's work area or unit;

3. The date the overtime was worked, including start time;

4. The number of hours of overtime mandated;

5. The employee's daily work schedule for any week in which the employee is required to work excess time;

6. The reason why the overtime was necessary;

7. A description of the reasonable efforts that were exhausted prior to requiring overtime. This shall include:

i. The names of employees contacted to work voluntary overtime;

ii. A description of efforts to secure per diem staff; and

iii. A list of the temporary agencies contacted; and

8. The signature of individual authorizing the required mandatory overtime.

(b) An employer shall provide the employee with a copy of the documentation in accordance with the requirements set forth in (a) above upon requiring that the employee work overtime, except that the total number, rather than the names, of employees contacted in accordance with (a)7i above shall be provided.

(c) Records as set forth in (a) above shall be kept a period of two years.

(d) A facility shall post in a conspicuous place a notice prepared by the New Jersey Department of Labor concerning New Jersey Mandatory Overtime Restrictions for Health Care Facilities (34:11-56a et seq.)

N.J. Admin. Code § 8:43E-8.6