New Jersey Conforms Its Overtime Regulations with the FLSA, But Forgets to Retain Its “Inside Sales” Exemption

Morgan Lewis
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On September 6, the New Jersey Department of Labor and Workforce Development (NJDOL) enacted new regulations that conform the executive, administrative, professional, outside salesperson, and highly compensated exemptions under New Jersey's Wage and Hour Law with the same exemptions under the federal Fair Labor Standards Act (FLSA). The NJDOL did so by repealing its old version of its "white collar" exemptions and adopting a new regulation that simply incorporates by reference into the New Jersey regulations the "white collar" exemptions found in the United States Department of Labor regulations at 29 C.F.R. Part 541. That change was generally considered good news for employers — with one exception.....

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