NJ Civil Service Navigator

N.J.A.C. 4A:3-5.6 Federal fair labor standards applicable to more than 40 hours in a workweek for 3E, 4E, NL, and N4 titles: State service

N.J.A.C. 4A:3-5.6, Federal fair labor standards applicable to more than 40 hours in a workweek for 3E, 4E, NL, and N4 titles: State service. Employees in exempt positions may be eligible for overtime compensation under this section as follows: 1. Employees in exempt fixed workweek titles (3E, 4E) Fu

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

NL and N4 are the codes meaning no cash. Employees in exempt non-limited titles have no entitlement to cash overtime compensation past 40 hours, the one exception being an exceptional emergency declared by an agency head. What they may receive, at the appointing authority discretion, is flexible work time patterns or comparable time off capped at one hour for each hour of unusual work time, and even that is closed to commissioners and department heads, deputy and assistant commissioners, division directors and unrepresented exempt staff at range 32 and above. Unused comparable time off is not cashed out on separation. Exempt fixed workweek titles, 3E and 4E, fare better, drawing cash or compensatory time for work past 40 hours at the department head discretion with the Chairperson approval. Note which multiplier applies to them: one and a half times the hourly proration of base salary, not of the regular rate that governs covered titles.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:3-5.6. It is a description of the rule, not the rule itself, and not legal advice.

(a) Employees in exempt positions may be eligible for overtime compensation under this section as follows: #

1. Employees in exempt fixed workweek titles (3E, 4E) shall be eligible for either cash payment or compensatory time off at the discretion of the department head with the approval of the Chairperson or designee for time worked in excess of 40 hours per week. #

2. Employees in 4E titles who are participating in an approved alternative workweek program may be eligible for overtime compensation for work performed beyond 80 hours in a 14 day work period. #

3. Employees in exempt non-limited titles (NL, N4) shall not be eligible for cash overtime compensation except as provided in N.J.A.C. 4A:3-5.7(d). #

(b) Overtime compensation for employees in exempt positions shall be as follows: #

1. Exempt employees in fixed workweek titles (3E, 4E) shall be compensated either in cash payment or compensatory time off at the discretion of the department head with the approval of the Chairperson or designee for time worked in excess of the regular workweek. #

i. Cash compensation for overtime work shall be at the rate of one and one-half times the hourly proration of an employee's base salary. #

ii. Compensatory time off in lieu of cash compensation shall be at the rate of one and one-half hours for each hour worked in excess of the regular workweek. #

2. Exempt employees in non-limited workweek titles (NL, N4) who meet unusual work time requirements may, at the discretion of the appointing authority, be compensated through either a provision for flexible work time patterns or a grant of comparable amounts of time off to a maximum of one hour for each hour of unusual work time, provided that employees serving as a commissioner or department head; an assistant or deputy commissioner; a division director or equivalent; and employees in exempt positions in titles which are not represented in collective negotiations with established salary ranges at or above range 32, and in such exempt positions in titles with single rates or no range who are receiving a salary at or above the first step of such ranges, shall not be granted such compensation. See N.J.A.C. 4A:3-5.7(e)2 as to special project rates. #

3. Employees in exempt positions who are not eligible for cash overtime compensation shall not receive a cash payment for unused comparable time off upon separation from service. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 3 recorded changes.

  1. AmendedR.2017 d.100
    48 N.J.R. 2653(a); 49 N.J.R. 1182(a)
  2. AmendedR.1997 d.8
    28 N.J.R. 4295(b); 29 N.J.R. 123(b)
  3. AmendedR.1993 d.44
    24 N.J.R. 3588(a); 25 N.J.R. 290(a)

How this rule has been applied

1 decision has cited N.J.A.C. 4A:3-5.6. 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.

Civil Service Commission final determinations (1)
  • In re Moran, Dep't of Transp., CSC Docket No. 2021-1292021 N.J. CSC LEXIS 62Docket 2021-129

Read alongside this

This rule points to

Rules that point here

Elsewhere in Overtime Compensation