Hours worked
New Jersey law requires employers to pay employees minimum wage for all hours worked. Hours worked include all time employees are required to be at their place of work or on duty. If employees reside on their employer’s premise and have irregular and intermittent work hours to the extent it is not feasible to determine how many hours the employees actually worked, the employer may pay the employees for no fewer than eight (8) hours each day they are on duty. NJ Admin. Code 12:56-5.1 to 5.3
Workweek
New Jersey law defines a workweek as a regularly recurring period of 168 hours which equates to seven (7) consecutive 24-hour periods. A workweek can begin on any day of the week and at any hour of the day and does not have to be the same as a calendar week.
Employers must notify employees in advance of the designated workweek. When an employer sets the start time of an employee’s workweek, it remains fixed even if the employee’s shift start time changes. An employer may change the beginning of a workweek so long as the change is meant to be permanent and not intended to avoid overtime requirements. NJ Admin. Code N.J.S.A. 12:56-5.4.
Waiting time
New Jersey law requires employers to count employee waiting time as hours worked for purposes of minimum wage and overtime requirements if the employees are required to wait on the employer’s premises while waiting for work or conditions are so restrictive employees are not able to effectively use the time for their own benefit. NJ Admin. Code 12:56-5.6, NJ Admin. Code 12:57-3.6, NJ Admin. Code 12:57-4.6, NJ Admin. Code 12:57-5.6, NJ Admin. Code 12:57-6.6
On-call time
New Jersey law requires employers to count as hours worked the actual time spent by employees responding to on-call assignments. They also require employees to pay employees for on-call time if the calls are frequent enough or the on-call conditions restrictive enough that the employees are not able to effectively use the time for their own purposes.
Employers do not have to compensate employees for on-call time if the employees are free to leave their employer’s premises and may use the time for their own purposes, subject only to the requirement that they leave their contact information with the employer as to where they can be reached. NJ Admin. Code 12:56-5.6.
In situations where employees are required to remain at home to receive telephone calls from customers but have long periods of time when they are not performing job duties and they can engage in personal activities, employers and employees may enter into reasonable agreements that set forth the numbers of hours for which the employees will be compensated. Such agreements must take into account the actual time spent taking calls and some allowance for the restriction on the employee’s personal time. NJ Admin. Code 12:56-5.7.
Sleeping time
New Jersey law does not address when employers must count employee sleeping time as hours worked for purposes of its minimum wage and overtime requirements. Because most employees and employers in New Jersey are covered by the federal Fair Labor Standards Act, the standards set forth by that law related to sleeping time may provide reasonable guidance.
Travel time
New Jersey law requires employers to pay employees for time spent traveling from one establishment to another at the same rate as the employees’ regular working time. Employers must also pay employees for travel expenses. NJ Admin. Code 12:57-3.7
does not address when employers must count employee travel time as hours worked for purposes of its minimum wage and overtime requirements. Because most employees and employers in New Jersey are covered by the federal Fair Labor Standards Act, the standards set forth by that law related to travel time may provide reasonable guidance.
Meeting, lecture, and training time
New Jersey law does not address when employers must count employee attendance at meetings, lectures, or training as hours worked for purposes of its minimum wage and overtime requirements. Because most employees and employers in New Jersey are covered by the federal Fair Labor Standards Act, the standards set forth by that law related to meeting, lecture, and training time may provide reasonable guidance.
Show up or reporting time
New Jersey law requires employers to pay employees for at least one (1) hour at the applicable wage rate if they show up or report for duty at the request of their employer, except when the employer has made available to the employee the minimum number of work hours agreed upon by the employer and employee prior to the employee beginning of work on the day involved. NJ Admin. Code 12:56-5.5.
