N.J. Admin. Code Tit. 4A, ch. 3, app A

APPENDIX A: OVERTIME ELIGIBILITY
AND COMPENSATION CHART
ELIGIBILITY STATUS		COMPENSATION
In excess of 35 butnot more than
Comp	40 hours per workweek
Plan
35
(covered)	35	Cash compensation at one
		and one-half times the
		hourly proration of the
		base salary or
		compensatory time off
		(CTO) at one and one-half
		times the hours worked
35
(exempt)	3E	Cash compensation
		at one and one-half
		times the
		hourly proration
		of the base salary or CTO
		at one and one-half times
		the hours worked
40
(covered)	40	Not applicable
40
(exempt)	4E	Not applicable
NL
covered)	NE	No cash compensation
		CTO for unusual work
		time to a maximum of
		hour for hour
		(discretionary). [n4]
NL
(exempt)	NL	No cash
		compensation. CTO
		for unusual work
		time to a maximum
		of hour for hour
		(discretionary). [n4]
NL4
(exempt)	N4	Not applicable

APPENDIX A: OVERTIME ELIGIBILITY AND COMPENSATION CHART
ELIGIBILITY STATUS		COMPENSATION In excess of 35 but not more than per workweek as prescribedIn excess of 40 hours by FLSA
Comp Plan
35
(covered)	35	Cash compensation at one
and one-half times the
regular rate [n1] or CTO at one
and one-half times the
hours worked providing the
employee has not accrued
more than 240 hours of CTO. [n2]
35
(exempt)	3E	Cash compensation at
one and one-half
times the hourly
proration of the
base salary or
CTO at one and one-half
times the hours worked.
40
(covered)	Cash compensation at one and
one-half times the regular rate n1
or CTO at one and one-half times
the hours worked providing the
employee has not accrued more
than 240 hours of CTO. [n2]
40
(exempt)	4E	Cash compensation at one and
one-half times the regular rate
or CTO at one and one-half
times the hours worked.
NL
covered)	NE	Cash compensation at one and
one-half times the regular
rate [n1] or CTO at one and
one-half times the
hours worked providing the
employee has not accrued more
than 240 hours of CTO. [n2]
NL
(exempt)	NL	No cash compensation. [n3]
CTO for unusual
work time
to a maximum
of hour for hour
(discretionary). [n5]
NL4
(exempt)	N4	No cash compensation. [n3] CTO
for unusual work time to a
maximum of hour for hour
(discretionary). [n5]
[n1] Regular rate in the hourly proration of the employee's annual base salary plus the fair market value of gods and facilities received as part of the wages. Employees who work at different pay rates in a single workweek shall have their hourly proration based on a weight average of the different rates.
[n2] Note: Employees engaged in a public safety activity, an emergency response activity, or a seasonal activity may accrue not more than 480 hours of CTO.
[n3] Except as provided in N.J.A.C. 4A:3-5.7(d) (Exceptional Emergencies).
[n4] Except as provided in N.J.A.C. 4A:3-5.3(d)2.
[n5] Except as provided in N.J.A.C. 4A:3-5.6(b)2.

Notes

N.J. Admin. Code Tit. 4A, ch. 3, app A

Amended by R.1993 d.424, effective 9/7/1993.
See: 25 New Jersey Register 1916(a), 25 New Jersey Register 4064(a).
Administrative correction.
See: 37 New Jersey Register 3035(a).