New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 56 - WAGE AND HOUR
Subchapter 6 - OVERTIME
Section 12:56-6.6 - Items excluded from "regular hourly wage"
Universal Citation: NJ Admin Code 12:56-6.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The "regular hourly wage" shall not be deemed to include:
1. Payments
in the nature of gifts made on holidays or on other special occasions or as a reward
for service, the amounts of which are not measured by or dependent on hours worked,
production or efficiency;
2. Payments
made for occasional periods when no work is performed due to vacation, holiday or
other similar cause;
3. Reasonable
payments for traveling or other expenses incurred by an employee in the furtherance
of his or her employer's interests and properly reimbursable by the employer which
are not made as compensation for employment;
4. Sums paid in recognition of services performed
during a given period if either:
i. Both the fact
that payment is to be made and the amount of payment are determined at the sole
discretion of the employer at or near the end of the period and not pursuant to any
prior contract, agreement or promise causing the employee to expect such payments
regularly; or
ii. The payments are made
pursuant to a bona fide profit-sharing plan or trust, or thrift or savings plan to
the extent to which the amounts paid to the employee are determined without regard
to hours of work, production or efficiency; or
5. Contributions irrevocably made by an employer
to a trustee or third person pursuant to a bona fide plan providing for old age,
retirement, life, accident, or health insurance or similar benefits for employees;
or
6. Additional premium compensation
for hours worked in excess of eight hours per day, or for work on Saturdays,
Sundays, holidays, or regular days of rest; or
7. Overtime premiums.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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