N.J. Admin. Code § 12:56-5.6 - On-call time
(a) When employees
are not required to remain on the employer's premises and are free to engage in
their own pursuits, subject only to the understanding that they leave word at
their home or with the employer where they may be reached, the hours shall not
be considered hours worked. When an employee does go out on an on-call
assignment, only the time actually spent in making the call shall be counted as
hours worked.
(b) If calls are so
frequent or the "on-call" conditions so restrictive that the employees are not
really free to use the intervening periods effectively for their own benefit,
they may be considered as "engaged to wait" rather than "waiting to be
engaged". In that event, the waiting time shall be counted as hours
worked.
Notes
See: 22 New Jersey Register 2235(a), 22 New Jersey Register 3379(b).
Clarified text to specify "on-call time" and when hours are considered hours worked.
Administrative Correction to (a).
See: 23 New Jersey Register 1416(c).
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