On September 6, 2011, the New Jersey Department of Labor
and Workforce Development repealed its existing rules governing exemptions from
overtime pay requirements for executive, administrative,
professional and outside sales employees, and instead adopted by reference the
analogous regulations issued under the federal Fair Labor Standards Act, 29
U.S.C. §§ 201-219 (the "FLSA"). See here for a copy of the rule change. New Jersey's
regulations concerning exemptions from overtime pay requirements for private-sector employees now
parallel the federal regulations set forth at 29 C.F.R. §§ 541.0 - 29 C.F.R.
541.710. See N.J.A.C. §§ 12:56-7.1 - 12:56-7.2.
Under both the federal FLSA and the New Jersey State Wage
and Hour Law, N.J.S.A. §§ 34:11-56a - 34:11-56a30, covered, non-exempt
employees must receive one and one-half times the regular rate of pay for all
hours worked over forty in a workweek.
New Jersey's adoption in the private sector, as of
September 2011, of the federal exemptions from overtime pay for executive,
administrative, professional and outside sales employees (also known as the
'white collar' exemptions) is a major victory for businesses in New Jersey.
The repealed New Jersey regulations had been based on the
federal overtime exemptions that were in effect before August 23, 2004.
On August 23, 2004, the U.S. Department of Labor had significantly revised the
federal overtime exemption rules. However, before September 2011, New
Jersey had not amended its rules to conform to the federal overtime exemption
regulations put in effect in 2004.
As a result, there had existed subtle but important
differences between federal and New Jersey regulations, such that some
employees were exempt from overtime pay under federal law, but not under New
Because New Jersey has now adopted by reference the
federal, white collar exemptions from overtime compensation laws, non-governmental employers in
the State of New Jersey can be certain that, if a given employee falls within
the executive, administrative, professional or outside sales employee exemption
from overtime pay requirements under federal law, he or she
likewise is exempt from overtime pay requirements under New Jersey law.
Some of the changes wrought by New Jersey's adoption by
reference of the federal rules concerning the overtime exemptions for
individuals employed as bona fide executive, administrative,
professional and outside sales employees are as follows:
Call the Law Offices of David S. Rich, LLC at (212)
209-3972 to speak with a knowledgeable labor and employment lawyer about ensuring that your company complies with overtime pay and
other wage and hour laws, or to retain a skilled overtime attorney to defend your company in unpaid overtime lawsuits or other
wage and hour litigation.
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