New Jersey Callback/Report-In Pay: What you need to know

New Jersey law requires that an employee who reports for duty on any day at the employer's request be paid for at least 1 hour at the applicable wage rate, even if no work was performed. This requirement does not apply if the employer has already provided the employee with the minimum number of hours of work that the employer and the employee have agreed on before the beginning of work on the day in question (NJ Admin. Code Sec. 12:56-5.5).
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Resident employees. Employees who reside on the employer's premises, and whose work hours are irregular and intermittent to the extent that it is not feasible to account for the hours actually on duty, must be compensated for at least 8 hours each day that they are on duty (NJ Admin. Code Sec. 12:56-5.3).
If on-call employees are not required to remain at the workplace and are free to use their time as they choose, subject only to the provision that they leave word where they may be reached, that time is not considered work time (NJ Admin. Code Sec. 12:56-5.6(a)). When such an employee does go out on an on-call assignment, only the time needed to perform the assignment is counted as hours worked.
If calls are so frequent, or the on-call situations so restrictive, that on-call employees cannot use the time effectively for their own personal purposes, the on-call time must be considered hours worked (NJ Admin. Code Sec. 12:56-5.6(b)).
If on-call employees are required to remain at home while on call (e.g., to answer telephone calls from customers when the business office is closed), and such employees have long periods of uninterrupted leisure time, any reasonable agreement between the parties for determining the number of hours worked is acceptable. The ...

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