N.J. Admin. Code § 4A:3-5.7

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

Section 4A:3-5.7 - Special circumstances: State service

(a) Eligibility for overtime compensation for on call employees shall be as follows:

1. Employees in covered positions (35, 40, NE) who are required to remain on call and cannot use their own time effectively shall be considered to be working and shall have such on call time included in the total hours worked. In those situations where employees are merely required to remain at home or leave word with appropriate officials where they may be reached, they are not considered to be working while on call unless their freedom to engage in personal activities during that period is severely restricted.

i. Overtime compensation at the rate of one and one-half times the regular rate or one and one-half hours for each hour worked in excess of the regular workweek shall only be payable for that period after total hours worked exceed 40 hours in a workweek.

2. Employees in exempt positions (3E, 4E, NL, N4) shall have no entitlement to compensation for such time.

(b) Eligibility for overtime compensation for training shall be as follows:

1. Employees in covered positions (35, 40, NE) who are required by their employer to participate in job related training shall have such training time included in the total hours worked.

i. Overtime compensation at the rate of one and one-half times the regular rate or one and one-half hours for each hour worked in excess of the regular workweek shall only be payable for that period after total hours worked exceed 40 hours in a workweek.

ii. For time worked in excess of a 35 hour fixed workweek but not over 40 hours, hour for hour compensation may be granted in the form of cash or time off, at the discretion of the appointing authority.

2. Employees in exempt fixed workweek positions (3E, 4E) may be granted hour for hour compensation in the form of cash or time off, at the discretion of the appointing authority.

3. Employees in exempt non-limited positions (NL, N4) shall have no entitlement to compensation for such time.

(c) Eligibility for overtime compensation for travel shall be as follows:

1. Employees in covered positions (35, 40, NE) who are required to travel contiguous to the normal workday in excess of normal commutation time shall have such hours included in the total hours worked.

i. Overtime compensation at the rate of one and one-half times the regular rate or one and one-half hours for each hour worked in excess of the regular workweek shall only be payable for that period after total hours worked exceed 40 hours in a workweek.

ii. For time worked in excess of a 35 hour fixed workweek but not over 40 hours, hour for hour compensation may be granted in the form of cash or time off, at the discretion of the appointing authority.

2. Employees in exempt fixed workweek positions (3E, 4E) may be granted hour for hour compensation in the form of cash or time off, at the discretion of the appointing authority.

3. Employees in exempt non-limited positions (NL, N4) shall have no entitlement to compensation for such time.

(d) Eligibility for overtime compensation for exceptional emergencies shall be as follows:

1. When an agency head declares an exceptional emergency involving a critical service disruption that poses a danger to health or safety, he or she may authorize:

i. Cash overtime compensation for non-limited employees in titles with established salary ranges below range 32 performing emergency related work. Except as described below, for these circumstances employees in non-limited titles shall be deemed to have a 40 hour workweek.

ii. 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 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.

iii. 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 duties 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.

iv. 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.

v. The provisions of (d)1i, ii, iii, and iv above do not apply to employees in titles assigned 40, 4E or N4 workweeks.

2. An agency head shall file with the Chairperson or designee two reports concerning an exceptional emergency as follows:

i. Within seven days of the declaration of the exceptional emergency, a fully detailed justification for the declaration. The report shall describe the critical services which could have been or were disrupted and what dangers were posed to health or safety.

ii. Within 30 days of the conclusion of the exceptional emergency, a list of the names, titles, hours of work designations and number of hours of emergency related overtime work of employees who performed emergency related work on an overtime basis.

3. These provisions shall not apply to work performed beyond the regular work hours on emergency maintenance, construction, snow removal, or other related work in situations that constitute unreasonable safety hazards to the public, employees, other persons, or property of the State. The Chairperson or designee shall establish emergency condition rates for these circumstances.

(e) Eligibility for special project rate compensation shall be as follows:

1. If an employee works on a part time, occasional, or sporadic basis, and solely at the employee's option, in a different capacity from which the employee is regularly employed, the hours employed in the different capacity shall be excluded from the calculation of the hours to which the employee is entitled to overtime compensation. Such employment may be paid at special project rates as approved by the Chairperson or designee.

2. NL and N4 employees who perform extraordinary work activities on a limited or periodic basis necessitating work time beyond the general workweek in the same capacity from which the employee is regularly employed may be paid special project rates as approved by the Chairperson or designee.

3. A fully detailed justification for a special project for which (e)1 or 2 above would be applicable must be filed with the Chairperson or designee for review and approval.

N.J. Admin. Code § 4A:3-5.7

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