BREAK PERIODS
The mandatory break law only applies to minors under the age of 18. Minors must be given a thirty (30) minute meal period after five (5) consecutive hours of work. Company policy dictates break and lunch periods for anyone over the age of 18.
HOURS OF WORK
The employer has full discretion in scheduling of hours and days of work for the employees. However, if the hours of work are reduced the employee may be eligible for unemployment insurance benefits for which the employer will be charged.
JURY DUTY
You are required to allow employees time off to attend court for jury duty. However, there is no requirement for the employer to compensate the employee for the time.
SNOW DAYS/STATE OF EMERGENCY
Employers are not required to pay employees for time not actually worked.
UNDOCUMENTED WORKERS
The Division of Wage and Hour Compliance does not investigate or inquire into the legal status of any worker. The Division applies New Jersey's labor laws without regard to a worker's legal status. The Division does not share information with "Immigration".
LIE DETECTOR AND DRUG TESTS
An employer cannot require a prospective employee to take a pre-employment lie detector test, except in the following circumstances: 1. the employer is authorized to manufacture, distribute or dispense controlled dangerous substances; 2. the employee or prospective employee is or will be directly involved in the manufacture, or dispensing of, or has or will have access to, legally distributed controlled dangerous substances; and 3. the test, which shall cover a period of time no greater than 5 years preceding the test, shall be limited to the work of the employee or prospective employee and the individual's improper handling, use or illegal sale of legally distributed controlled dangerous substances.
You cannot require an employee to pay for a lie detector test.
You can require prospective employees to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, but unless you are hiring security guards, you cannot deduct the cost for this from the employee's pay or require the employee or prospective employee to pay for the cost of such drug testing, medical examinations, visual exams, etc. The 2004 Security Officer Registration Act (N.J.S.A. 45:19A-1 et seq.) allows applicants for security guard jobs to be responsible for the payment of any registration costs with the State Police, which includes drug testing, fingerprinting, criminal background checks, etc.
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