New Jersey law requires that covered employers pay nonexempt employees overtime in the amount of 1 1/2 times the employee's regular pay rate for hours worked in excess of 40 in a workweek (NJ Rev. Stat. Sec. 34:11-56a4). New Jersey does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays (although union contracts often require overtime pay for such work).
Because the federal Fair Labor Standards Act (FLSA) applies to virtually all enterprises involved in interstate commerce, most New Jersey employers are covered by the federal law. Employers that are covered by both state and federal law must comply with the law that sets the higher standard of protection for employees. While New Jersey and federal law are similar, there are some major differences between New Jersey's overtime exemption regulations and the federal regulations.
Trucking industry. Employers in the trucking industry must pay employees whose work hours are regulated by the federal Motor Carriers Act an overtime rate of at least 1 1/2 times the state minimum wage. "Trucking industry employer" means any business primarily operating for the purpose of conveying property from one place to another by road or highway, including the storage and warehousing of goods and property. Covered employees include drivers, helpers, loaders, and mechanics who are exempt from the overtime requirements of the FLSA (NJ Rev. Stat. Sec. 34:11-56a4).