Executive exemption
New Jersey law exempts bona fide executive employees from its overtime requirements. NJ Statute 34:11-56a4; NJ Admin. Code 12:56-7.1 To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation, except for those regulations that pertain to government employers. NJ Admin. Code 12:56-7.2
Administrative exemption
New Jersey law exempts bona fide administrative employees from its overtime requirements. NJ Statute 34:11-56a4; NJ Admin. Code 12:56-7.1 To qualify for the administrative employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation, except for those regulations that pertain to government employers. NJ Admin. Code 12:56-7.2
The administrative exemption also applies to employees who:
- have primary duties consisting of sales activity;
- receive at least 50 percent of their income from commissions; and
- have a total compensation of $400 or more per week.
Professional exemption
New Jersey law exempts bona fide professional employees from its overtime requirements. NJ Statute 34:11-56a4; NJ Admin. Code 12:56-7.1 To qualify for the professional employees exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation, except for those regulations that pertain to government employers. NJ Admin. Code 12:56-7.2
Outside salesman exemption
New Jersey law exempts bona fide outside sales people from its overtime requirements. NJ Statute 34:11-56a4; NJ Admin. Code 12:56-7.1 To qualify for the outside sales employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation, except for those regulations that pertain to government employers. NJ Admin. Code 12:56-7.2
Computer employee exemption
New Jersey law does not exempts bona fide computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its overtime requirements.
Other minimum wage and overtime exemptions
New Jersey law exempts the following employees from its minimum wage and overtime requirements:
- individuals who care or tend children in the employer’s home on a part-time basis
- individuals who sale motor vehicles
- individuals working in a volunteer capacity and receive only incidental benefits at a county or other agricultural fair by a nonprofit or religious corporation or a nonprofit or religious association which conducts or participates in the fair
- individuals working for summer camps, conferences and retreats operated by any nonprofit or religious corporation or associate during the months of June, July, August, or September
NJ Statute 34:11-56a4; NJ Statute 34:11-56a4.1
Overtime only exemptions
New Jersey law exempts the following from only its overtime requirements. Employers in these situation must comply with any minimum wage requirements:
- individuals working on a farm;
- individuals work in a hotel;
- individuals working for a common carrier of passengers by bus;
- limousine drivers who work a business engaged in the business of operating limousines; and
- individuals who perform work related to raising or caring for livestock.
