s.206), or a successor federal law, is raised to a level higher than the State minimum wage rate set by this subsection, then the State minimum wage rate shall be increased to the level of the federal minimum wage rate and subsequent increases based on increases in the CPI-W pursuant to this section shall be applied to the higher minimum wage rate. a. (i) In addition to cash sums presented by customers that an employee keeps as his or her own, tips received by an employee include amounts paid by bank check or other negotiable instrument payable at par and amounts transferred by the employer to the employee pursuant to directions from credit customers who designate amounts to be added to their bills as tips. 34:11-56a4 and N.J.A.C. "Covered employee" means an employee subject to this chapter. (b) "Common carrier of passengers by motor bus," as used in this section, shall mean any employer that operates an "autobus," as that term is defined in N.J.S.A. Minors employed on a piece work basis shall be employed at piece work rates which yield to each such employee rates not less than the applicable statutory minimum wage rate. Earned Sick Leave is the law in New Jersey. "Patient" means a person, such as an alcoholic or drug addict receiving inconsequential payments in a program administered by an organized and generally recognized charity. 12:56-3.2, 3.3, 3.4, and 3.5, every employee shall, effective January 1, 2020, be paid not less than $ 11.00 per hour or the minimum wage rate set by section 6(a)(1) of the Federal "Fair Labor Standards Act of 1938" (29 U.S.C. New Jersey Department of Labor Issues Final Earned Sick Leave Law (e) Where a benefit year has been imposed by the Commissioner upon an employer under (d) above, the employer shall not be eligible to submit a subsequent notification of proposed change to the benefit year prior to one year from the date of the earlier notification. Nothing herein shall be deemed to supersede any of the provisions of said article 2 of chapter 11, of Title 34, except insofar as the wages entitled to be received by any employee under the provisions of this act and the regulations and wage orders issued thereunder exceed the wages such employee is entitled to receive under the provisions of said article 2, of chapter 11, of Title 34 of the Revised Statutes and the regulations and wage orders issued pursuant thereto. a. [1 Revised N.J.S.A. EMPLOYMENT IN SEASONAL AMUSEMENT OCCUPATIONS, SUBCHAPTER 13. 6. (b) For the period from January 1, 2020 through January 1, 2026, on an annual basis, on or about September 30, the Department shall, through a public notice published in the New Jersey Register, revise the minimum hourly wage set forth in (a) above, so as to be the greater of either an amount based on any percentage increase during the one-year period of August of the prior year through August of the current year of the consumer price index (CPI) for all urban wage earners and clerical workers (CPI-W, U.S. City Average), as released by the United States Department of Labor, Bureau of Labor Statistics, or the following: (c) For January 1, 2027, on or about September 30, 2026, the Department shall, through a public notice published in the New Jersey Register, revise the minimum hourly wage set forth in (a) above by the same amount (not percentage) as the increase in the minimum hourly wage from January 1, 2026 to January 1, 2027, for employees covered under N.J.A.C. (c) In assessing an administrative penalty pursuant to this chapter, the Commissioner shall consider the following factors, where applicable, in determining what constitutes an appropriate penalty for the particular violations: 2. (e) Appeals of the final decision of the Commissioner shall be made to the Appellate Division of the New Jersey Superior Court. 48:4-1, where the operation of the "autobus" has been authorized by the Chief Administrator of the New Jersey Motor Vehicle Commission through the issuance of a certificate of public convenience and necessity under N.J.S.A. An employer may not require, as a condition of an employee's using earned sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is using earned sick leave. In the case of a temporary help service firm placing an employee with client firms, earned sick leave shall accrue on the basis of the total time worked on assignment with the temporary help service firm, not separately for each client firm to which the employee is assigned. EMPLOYMENT IN HOTEL AND MOTEL OCCUPATIONS, Substantiation of gratuities; food and lodging cost, Required food and lodging acceptance; costs, SUBCHAPTER 14. (e) An employer who violates any provision of this section shall be guilty of a disorderly person offense and shall, upon conviction therefor, be fined not less than $ 100.00, nor more than $ 1,000. (e) Where an employee is paid by commission, whether base wage plus commission or commission only, the employer must pay the employee during earned sick leave an hourly rate that is the base wage or the State minimum wage rate, whichever is greater. (f) Where the employee's need to use earned sick leave is foreseeable, the employer may require advance notice, not to exceed seven calendar days prior to the date the leave is to begin, of the employee's intention to use the leave and its expected duration. d. In furtherance of its evaluation, the task force may hold public meetings or hearings within the State and call to its assistance and avail itself of the services of the employees of any other State department, board, or agency which the task force determines possesses relevant data, analytical and professional expertise or other resources which may assist the task force in discharging its duties under this section. PDF Earned Sick Leave FAQs - The Official Web Site for The State of New Jersey (d) The total computed earnings shall include commissions, bonuses, and all compensation paid by the employer except overtime pay. An example of a need to use earned sick leave that is "not foreseeable," is when an employee wakes up in the morning with a fever and does not feel well enough to report for work that morning. The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google Translate. Governor Phil Murphy Lt. 12:69-3.7. New Jersey Earned Sick and Safe Leave Law (NJESSL) S2304 expands the NJESSL, under which covered employees can accrue up to 40 hours of paid sick and safe time. 12:69-3.3, the following applies relative to payout and carry-over of earned sick leave: 1. (i) "Occupation" means any occupation, service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are gainfully employed. to effectuate the purposes of this act. (c) "Administrative" shall also include an employee whose primary duty consists of sales activity and who receives at least 50 percent of his or her total compensation from commissions and a total compensation of not less than $400.00 per week. When a different employer succeeds or takes the place of an existing employer, all employees of the original employer who remain employed by the successor employer are entitled to all of the earned sick leave they accrued when employed by the original employer, and are entitled to use the earned sick leave previously accrued immediately. The following is an example of a method of determining fair value:Employer "A" has three employees who are furnished food and lodging in addition to gross cash wages of $2.50 per hour. If the employee agrees to receive a payment, the employee shall choose a payment for the full amount of unused earned sick leave or for 50 percent of the amount of unused earned sick leave. (m) Where an employee would be eligible to use earned sick leave under the Act and this chapter, the employer shall be prohibited from: (n) Where an employee has been transferred to a separate division, entity, or location, but remains employed by the same employer, and where, pursuant to N.J.A.C. No minor whose earning capacity has been impaired by physical or mental disability shall be paid at less than the minimum wage until a special license, in accordance with the provisions of N.J.S.A. The period during which an employer may pay the training wage to the employee shall be the first 120 hours of work after hiring the employee in employment in an occupation in which the employee has no previous similar or related experience. Any individual employed in a bona fide executive, administrative, professional or outside sales capacity shall be exempt from the overtime requirements of N.J.A.C. Requiring an employee to work additional hours to compensate for the hours of work missed; Requiring an employee to use earned sick leave; or. (a) Except as provided at N.J.A.C. Time during regular working hours and at other periods when employees are required to wait on the premises and no work is provided by the employer shall be counted as working time and paid at such employee's regular hourly wage. With the amendments, employers must allow employees to use their earned leave when they cannot work due to: The payout amount shall be based on the rate of pay that the employee is earning at the time of the payout. 34:11-56a.4. (1) An employer shall also pay each employee not less than 1 1/2 times such employee's regular hourly rate for each hour of working time in excess of 40 hours in any week, except that this overtime rate shall not apply: to any individual employed in a bona fide executive, administrative, or professional capacity; or to employees engaged to labor on a farm or employed in a hotel; or to an employee of a common carrier of passengers by motor bus; or to a limousine driver who is an employee of an employer engaged in the business of operating limousines; or to employees engaged in labor relative to the raising or care of livestock. 12:56-3.1 and the tip credit taken under (a) above. (a) A violation of the Act shall occur when an employer: 1. s.206), or a successor federal law, is raised to a level higher than the State minimum wage rate set by this subsection, then the State minimum wage rate shall be increased to the level of the federal minimum wage rate and subsequent increases based on increases in the CPI-W pursuant to this subsection shall be applied to the higher minimum wage rate.
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