SENATE LABOR COMMITTEE

STATEMENT TO

SENATE, No. 1021

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 26, 2006

      The Senate Labor Committee reports favorably and with committee amendments Senate Bill No. 1021.

      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.

      The bill does not prohibit employers from providing longer, or more frequent, meal periods or rest breaks under collective bargaining agreements. The Commissioner of Labor and Workforce Development must provide written notices of these requirements to employers, who must display the notices.  An employer who violates the act is subject to sanctions in the "New Jersey State Wage and Hour Law."

      The bill, as amended by the Senate Labor Committee, exempts any employee who is covered under a collective bargaining agreement from its provisions.  Moreover, the committee amendments provide that an employer shall not be required to provide rest breaks or meal periods in a manner which violates any requirement promulgated under federal law.  Finally, the committee amendments allow the Commissioner of Labor and Workforce Development at his discretion, to exempt certain employees from the provisions of the bill through the promulgation of rules and regulations.