BREAK PERIODS
Q. Are breaks and lunches required by law?
A. The mandatory break law only applies to minors under the age of 18 and they 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
Q. Does the employer have the right to change an employee's hours of work?
A. The scheduling of an employee's hours and/or days of work are up to the discretion of the employer; however, it is important to note if an employee's hours of work are diminished they may be eligible for unemployment insurance benefits. For more information on Unemployment Insurance benefits, visit their website at: www.nj.gov/labor/ui/faq.html#elg
JURY DUTY
Q. Is an employer required to pay for jury duty or allow time off for jury duty?
A. New Jersey employment law requires that employers allow their 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
Q. Are employers required to pay employees for "snow days" or other days when they are unable to work due to "State of Emergencies" declared by municipal, county or state officials?
A. No. New Jersey labor law does not require employers to pay employees for time not actually worked.
UNDOCUMENTED WORKERS
Q. If the investigation reveals that there are undocumented workers, what will happen?
A. 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
Q. Can the employer require me to take a pre-employment lie detector test?
A. No, 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.
Q. Can I be required to pay for the lie detector test?
A. No.
Q. Can an employer require me to take other types of pre-employment testing such as drug testing, medical examinations, vision exams, etc?
A. Yes, but unless you are applying for a security guard position, the employer or prospective employer 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.) states that applicants for security guard positions are responsible for the payment of any registration costs with the State Police, which includes drug testing, fingerprinting, criminal background checks, etc.
FAMILY LEAVE
Q. Am I eligible for Family Leave?
A. There are two family leave acts. There is a New Jersey Family Leave Act and a federal Family and Medical Leave Act. Eligibility for a leave under one or both of these laws depends on whether your employer is covered, the reason you are taking the leave, and the length of your employment. The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. More information is available on the Civil Rights website at http://www.state.nj.us/lps/dcr/index.html or by calling (609) 292-4605.
Q. Can I file a complaint with the New Jersey Division of Wage and Hour Compliance because my employer refused to give me Family Leave?
A. The NJ Division of Wage and Hour Compliance does not have jurisdiction over complaints involving Family Leave. The NJ Division on Civil Rights is responsible for enforcing the New Jersey Family Leave Act. More information is available about the New Jersey Family Leave Act and the federal Family and Medical Leave Act is available on the Civil Rights web site at http://www.state.nj.us/lps/dcr/index.html or by calling (609) 292-4605.
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