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N.J.A.C. 4A:3-5.2 Definitions: State service

N.J.A.C. 4A:3-5.2, Definitions: State service. following terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Base salary" means the emp Full text with 2 recorded amendments, 3 citing decisions.

Classification, Services, and Compensation · Overtime Compensation

Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.

This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.

In plain language

This is where the workweek codes printed on a State job specification are defined. A fixed workweek title is one the State Compensation Plan gives a 35 hour week, codes 35 and 3E, or a 40 hour week, codes 40 and 4E. A non-limited title is one with irregular or variable hours, coded NL or N4 when the position is exempt from the Fair Labor Standards Act and NE when it is covered by that Act. So the E in 3E and 4E, and the NL and N4 forms, all mark exempt positions, while 35, 40 and NE mark covered ones. Covered means the Act applies; exempt means it does not, and that one distinction decides whether cash overtime exists. The workweek itself runs from 12:01 A.M. Saturday to midnight the following Friday, and a pay period is two of those. Handle one definition with care: base salary is defined here for State service overtime, and Title 4A defines the same term separately for the code as a whole.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:3-5.2. It is a description of the rule, not the rule itself, and not legal advice.

The following terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

Base salary "Base salary" means the employee's rate of pay exclusive of any additional payments or allowances. #

Cash overtime compensation "Cash overtime compensation" means payment at a rate of one and one-half times the hourly proration of the employee's base salary, or one and one-half times the employee's regular rate, as specified. #

Compensatory time off "Compensatory time off" means the granting of time off in lieu of cash payment where permitted for excess or unusual work time. #

Covered position "Covered position" means a position which is subject to the provisions of the Fair Labor Standards Act, 29 U.S.C. 201 et seq. #

Exempt position "Exempt position" means a position which is excluded from the provisions of the Fair Labor Standards Act. #

Fixed workweek title "Fixed workweek title" means a title specified in the State Compensation Plan as having a 35 hour (35, 3E) or 40 hour (40, 4E) workweek. See N.J.A.C. 4A:6-2.2. #

Holiday "Holiday" means a legal holiday or a special holiday authorized by law or executive order. #

Non-limited title "Non-limited title" means a title having irregular or variable work hours. Such titles may be designated as exempt non-limited (NL, N4), or covered, also known as non-exempt, non-limited (NE). See N.J.A.C. 4A:6-2.3. #

Overtime compensation "Overtime compensation" means cash overtime compensation or compensatory time off as permitted. #

Pay period "Pay period" means the period beginning 12:01 A.M. Saturday and ending midnight the second Friday following (Note: A schedule of pay periods is published annually by the New Jersey Department of the Treasury.). #

Regular rate "Regular rate" means the hourly proration of the employee's annual base salary plus the fair market value of goods and facilities received as part of the wages. For employees in covered titles, the regular rate includes clothing allowances unless the allowance is for the purchase or maintenance of prescribed clothing required by the employer. Employees in covered non-limited titles (NE) shall be deemed to have a 40-hour workweek for determining the hourly proration. Employees who work at different pay rates in a single workweek shall have their hourly proration based on a weighted average of the different rates. #

Seven day coverage position "Seven day coverage position" means a position assigned to an area where work coverage is required on a seven day basis throughout the year. #

Workweek "Workweek" means the period beginning 12:01 A.M. Saturday and ending midnight the following Friday except in those instances where the Commissioner or his or her representative has approved an alternate workweek for overtime purposes for employees engaged in seven day operations. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 2 recorded changes.

  1. AmendedR.1993 d.424
    25 N.J.R. 1916(a); 25 N.J.R. 4064(a)
  2. AmendedR.1990 d.552
    22 N.J.R. 2627(b); 22 N.J.R. 3481(a)

How this rule has been applied

3 decisions have cited N.J.A.C. 4A:3-5.2. The list below is citations to those decisions, not the decisions. We have not written summaries for this section. A citation with no summary is deliberate: we do not paraphrase a decision we have not read. Nothing here is legal advice.

Superior Court (1)
  • State, Dept. of Corrections v. Communications Workers of America, AFL-CIO240 N.J.Super. 26; 572 A.2d 213
Civil Service Commission final determinations (2)
  • In re Health Facility Survey & Field Ops., Dep't of Health2021 N.J. CSC LEXIS 516
  • In re McManus, Dep't of Envtl. Prot., CSC Docket No. 2020-8352020 N.J. CSC LEXIS 242Docket 2020-835

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