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New Jersey Rest Periods: What you need to know

Federal wage and hour law does not mandate that employees be given either paid or unpaid rest or meal periods. State law determines whether breaks and meal periods are required. Except for minors, New Jersey has no provisions requiring meal or rest breaks.
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U.S. Department of Labor Wage and Hour Division regulations specify that work breaks, including meal periods, rest periods, and sleeping time, when provided, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23).
Employees must be free to leave their place of work.All the time an employee is required to be at his or her place of work or on duty must be counted as hours worked. If an employer requires an employee to remain at his or her place of work during a meal break, the employer must pay the employee for that break (NJ Admin. Code Sec. 12:56-5.2).
Under New Jersey law, employees under the age of 18 are entitled to an unpaid 30-minute meal period after 5 consecutive hours of work. Breaks of less than 30 minutes must be counted as paid work time (NJ Rev. Stat. Sec. 34:2-21.4).
Last updated on July 7, 2014.

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We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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