N.J.A.C. 4A:3 Classification, Services, and Compensation
Chapter 3 decides what a job is called and what it pays. It separates career service from unclassified service, sets up the Senior Executive Service, governs classification and reclassification (including what to do when you are doing higher-level work than your title says), and covers compensation
Chapter 3 decides what a job is called and what it pays. It separates career service from unclassified service, sets up the Senior Executive Service, governs classification and reclassification (including what to do when you are doing higher-level work than your title says), and covers compensation and overtime. The overtime subchapter and its appendix are the only place in the code that explains what the workweek codes on every job specification, NL, 35, 40 and the rest, actually mean for your pay.
Subchapter 1. Career and Unclassified Services
- 4A:3-1.1Career service
Career service is the default and everything else is carved out of it.
- 4A:3-1.2Divisions within the career service
Two divisions, and which one a title sits in decides whether an examination stands between an appointee and permanent status.
- 4A:3-1.3Unclassified service
Ten is the ceiling on municipal department heads a single municipality may place in the unclassified service, and it is the hardest number in this section.
- 4A:3-1.4Unclassified secretaries and confidential assistants: State service
One and one.
Subchapter 2. Senior Executive Service
- 4A:3-2.1General provisions: State service
Two numbers bound the Senior Executive Service.
- 4A:3-2.2Designation of SES positions: State service
A position qualifies for the SES on what it does, not on what it is called: substantial managerial, policy influencing, or policy executing responsibility, judged position by position rather than by title or category.
- 4A:3-2.3SES appointments: State service
The section covers hiring into the SES, but the half that matters most is what becomes of the person already in the chair.
- 4A:3-2.4SES performance evaluation: State service
Twenty seven words, the shortest rule in the subchapter.
- 4A:3-2.5SES compensation: State service
No-range, which in this compensation plan means no class code is designated for the position at all.
- 4A:3-2.6SES benefits: State service
Leave entitlement in the SES turns on what sits underneath it.
- 4A:3-2.7(Reserved)
Reserved. No rule text is currently published at this citation.
- 4A:3-2.8(Reserved)
Reserved. No rule text is currently published at this citation.
- 4A:3-2.9Separation from the SES: State service
Twenty days notice at the department head discretion, and the SES appointment is over.
Subchapter 3. Classification
- 4A:3-3.1Classification of positions
This is where a job specification comes from.
- 4A:3-3.2Establishment of classification plans
A classification plan is three lists: the job titles, a specification for each one, and the job bands titles have been assigned to.
- 4A:3-3.2A(Reserved)
Reserved. No rule text is currently published at this citation.
- 4A:3-3.3Administration of classification plans
The upkeep behind a classification plan, and the one section naming employee relations group changes as something that triggers union notice.
- 4A:3-3.4Title appropriate to duties performed
One sentence, running in both directions.
- 4A:3-3.5Reclassification of positions
The trigger is drift.
- 4A:3-3.6New titles
The request has to argue against itself.
- 4A:3-3.7Trainee, apprentice, recruit, and intern titles
Advancement out of a trainee title requires no promotional examination.
- 4A:3-3.7APolice Assistant title: local service
A local title designed to run out.
- 4A:3-3.7BCorrectional Police Officer Apprentice title: State service
During the apprenticeship there is no appeal to the Civil Service Commission at all.
- 4A:3-3.8Intermittent titles
A furlough here is not a layoff, and saying so is the point of subsection (b)1.
- 4A:3-3.9Position review request and appeal procedure
The rule for when the work outranks the title on the payroll.
Subchapter 4. Compensation
- 4A:3-4.1General provisions
Compensation is centralised in State service and devolved in local service, and this section is where that split is set.
- 4A:3-4.2Job evaluation: State service
The arithmetic turning a class code into a salary range, and it depends on the workweek code.
- 4A:3-4.3Job reevaluation requests and appeals: State service
The unit of analysis is what separates this from a position review request.
- 4A:3-4.4Salary rates for initial appointments: State service
Step four is the ceiling on a starting salary.
- 4A:3-4.5Anniversary dates: State service
An anniversary date is the biweekly pay period in which an employee becomes eligible for a salary increase, if performance warrants it and their place in the range allows it.
- 4A:3-4.6Anniversary date change when employee is in non-pay status: State service
Nine kinds of non-pay time do not push an increment date back, and they are worth knowing by name: military leave, educational leave, the two months when a 10 month title is not scheduled to work, days a part-time employee is not schedul...
- 4A:3-4.7Determining types of pay adjustments: State service
A four-line table that routes everything else in this subchapter.
- 4A:3-4.8Lateral pay adjustments: State service
Same step, different money.
- 4A:3-4.9Advancement pay adjustments: State service
Two tiers of raise, and four months of service decides which one applies.
- 4A:3-4.10Demotional pay adjustments: State service
One word separates a disciplinary demotion from every other kind.
- 4A:3-4.11Downward title reevaluation pay adjustments: State service
Red circled is the term to know.
- 4A:3-4.12Movement of employees from no-range or single rate titles to titles having salary ranges: State service
Single rate and no-range titles sit outside the step ladder, so moving into a title that has one needs a conversion rule.
- 4A:3-4.13Salaries of employees whose annual salaries are not on a step in their salary range: State service
Sitting between two steps is a resolvable state, not a permanent one.
- 4A:3-4.14Movement of employees to trainee titles from titles having higher pay rates: State service
Stepping down into a trainee title need not mean a pay cut, but keeping the salary is the appointing authority option rather than the employee right.
- 4A:3-4.15Salaries for employees appointed to tentative title positions: State service
A tentative title is paid against a range that has not been finalised.
- 4A:3-4.16Salaries of employees on military leave during a trainee period: State service
Military leave during a trainee period is bridged rather than penalised, and the rule works on three fronts.
- 4A:3-4.17Salaries and anniversary dates for employees appointed from a special reemployment list: State service
The phrase governing this section is most beneficial to the employee, and it recurs.
- 4A:3-4.18Salaries and anniversary dates for employees appointed from a regular reemployment list: State service
Set this beside the special reemployment list rule and the difference is discretion.
- 4A:3-4.19Other forms of compensation: State service
Twenty eight words that mostly point elsewhere.
- 4A:3-4.20Retroactive pay: State service
Two groups collect on a retroactive personnel action and everybody else is excluded.
- 4A:3-4.21Salary overpayments: State service
Being overpaid by mistake does not automatically mean repaying all of it on the payroll terms.
Subchapter 5. Overtime Compensation
- 4A:3-5.1General provisions
The split here is total.
- 4A:3-5.2Definitions: State service
This is where the workweek codes printed on a State job specification are defined.
- 4A:3-5.340 hours or less in a workweek: State service
The zone between a 35 hour workweek and 40 hours, which Federal law does not reach, is handled here.
- 4A:3-5.4Criteria for exemption from Federal Fair Labor Standards Act: State service
A single position can be exempt even when its title is covered, which is why the appeal section provides separately for position designation and title designation disputes.
- 4A:3-5.5Federal fair labor standards applicable to more than 40 hours in a workweek for 35, 40 and NE titles: State service
Compensatory time instead of cash is not a unilateral choice for the employer.
- 4A:3-5.6Federal fair labor standards applicable to more than 40 hours in a workweek for 3E, 4E, NL, and N4 titles: State service
NL and N4 are the codes meaning no cash.
- 4A:3-5.7Special circumstances: State service
On call, training, travel and emergencies, with the same three-tier pattern running through the first three.
- 4A:3-5.8Holiday pay: State service
Holiday work divides the way the rest of the subchapter does.
- 4A:3-5.9Appointing authority responsibilities: State service
Written authorisation comes first.
- 4A:3-5.10Appeal procedures: State service
Two things can be appealed: whether one position is exempt or covered under the Fair Labor Standards Act, and whether an entire title is.