The New Jersey Department of Labor regulations require that all the time an employee is required to be at the workplace must be compensated as hours worked. However, employers are not required to pay for hours not worked because of holidays, vacations, lunch periods, illnesses, and similar absences.
Covered employees must be paid at least minimum wage for each hour worked. Overtime of one and one-half times the employee's regular rate must be paid for each hour worked in excess of 40 hours in a week.
New Jersey has specific provisions concerning compensation for reporting to work and time spent on call.
Healthcare facilities. Healthcare facilities may not require an employee to work more than an agreed to, predetermined, and regularly scheduled daily work shift--not to exceed 40 hours per week (NJ Rev. Stat. Sec. 34:11-56a34). Any overtime must be voluntary. If an employee refuses to work overtime, the employer may not discriminate against, dismiss, discharge, or impose any other penalty on the employee based on the employee's refusal to work overtime hours.
An employer may require overtime in an emergency when:
· The overtime is required as a last resort and is not used to resolve chronic short staffing; and
· The employer has exhausted reasonable efforts to obtain staffing (except in a declared national, state, or municipal emergency or other catastrophic event that substantially increases the need for healthcare services).
In such an emergency, the employer must give the employee necessary time, up to a maximum of 1 hour, to arrange for the care of the employee's minor children or elderly or disabled family members. If the employer mandates overtime, it must document in writing the ...