A2560

An Act requiring employee rest and meal breaks under certain circumstances and supplementing P.L.1966, c.113 (C.34:11-56a et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. No individual shall be employed or permitted to work for more than six hours continuously without an interval of not less than 30 minutes for a meal period. No period of less than 30 minutes shall be deemed to interrupt a continuous period of work for the purpose of this subsection.

b. In addition, no individual shall be employed or permitted to work for more than four hours continuously without an interval of not less than 15 minutes for a rest break. No period of less than 15 minutes shall be deemed to interrupt a continuous period of work for the purpose of this subsection. No reductions in wages shall be made for the provision of a rest break.

2. No provision of this act shall be construed to:

a. Prohibit an employer from providing, or negotiating with a labor organization representing the employer's employees, longer or more frequent meal periods or rest breaks, irrespective of the date that a collective bargaining agreement takes effect;

b. Reduce in any way the responsibility of any employer to comply with the provisions of section 4 of P.L.1940, c.153 (C.34:2-21.4) regarding lunch periods for minors; or

c. Require an employer to provide rest breaks or meal periods in a manner which violates any requirement promulgated under federal law.

3. An employer shall display written notices of the employee rights provided by this act in as many locations in each work site as is needed to assure that the notices are conspicuous to all employees of the employer. The commissioner shall make available to employers the text of a notice of the requirements of this section and provide copies of the notice suitable for display to any employer who requests the copies. The commissioner may charge the employer reasonable costs for the notices. Each notice posted pursuant to this section shall be in English and in the predominant language of the employees, if that language is not English.

4. An employer who violates the provisions of this act shall be subject to the sanctions provided by law for violations of the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.). Any monies collected as a fine or penalty pursuant to this section shall be applied toward enforcement and administration costs of the Division of Labor Standards and Safety Enforcement in the Department of Labor and Workforce Development.

5. Nothing in this act shall apply to an employee whose rest break or meal period is covered under a collective bargaining agreement.

6. The Commissioner of Labor and Workforce Development may, at his discretion, exempt certain employees from the provisions of this act through the promulgation of rules and regulations.

7. This act shall take effect immediately.

STATEMENT

This bill supplements the "New Jersey State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), to require a meal period of at least 30 minutes for employees who work for more than six hours continuously. The bill also requires at least a 15 minute paid rest break for any continuous period of more than four hours of work.

Current New Jersey law requires 30 minute meal periods for minors who work five or more continuous hours, but has no requirement for adults, and no requirement for rest breaks for adults or minors. Nineteen other states currently require meal periods for adults and seven states have rest break requirements.

While the bill exempts any employee who is covered under a collective bargaining agreement from its provisions, the bill does not prohibit employers from providing longer, or more frequent, meal periods or rest breaks under collective bargaining agreements. However, an employer shall not be required to provide rest breaks or meal periods in a manner which violates any requirement promulgated under federal law.

Further, the Commissioner of Labor and Workforce Development, at his discretion, may exempt certain employees from the provisions of the bill through the promulgation of rules and regulations.

The Commissioner of Labor and Workforce Development shall provide written notices of the bill’s requirements to employers, who must display the notices. Any employer who violates the act shall be subject to sanctions under the "New Jersey State Wage and Hour Law.”