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
4 sections
- 4A:3-1.1 Career serviceSummaryGuide4 citing decisions
Career service is the default and everything else is carved out of it.
- 4A:3-1.2 Divisions within the career serviceSummary40 citing decisions
Two divisions, and which one a title sits in decides whether an examination stands between an appointee and permanent status.
- 4A:3-1.3 Unclassified serviceSummary8 citing decisions
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.
One and one.
Subchapter 2. Senior Executive Service
9 sections
Two numbers bound the Senior Executive 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.
The section covers hiring into the SES, but the half that matters most is what becomes of the person already in the chair.
Twenty seven words, the shortest rule in the subchapter.
No-range, which in this compensation plan means no class code is designated for the position at all.
Leave entitlement in the SES turns on what sits underneath it.
- 4A:3-2.7 (Reserved)Reserved
- 4A:3-2.8 (Reserved)Reserved
- 4A:3-2.9 Separation from the SES: State serviceSummary1 citing decision
Twenty days notice at the department head discretion, and the SES appointment is over.
Subchapter 3. Classification
12 sections
- 4A:3-3.1 Classification of positionsSummary14 citing decisions
This is where a job specification comes from.
- 4A:3-3.2 Establishment of classification plansSummary3 citing decisions
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
- 4A:3-3.3 Administration of classification plansSummary2 citing decisions
The upkeep behind a classification plan, and the one section naming employee relations group changes as something that triggers union notice.
- 4A:3-3.4 Title appropriate to duties performedSummaryExplainerGuide14 citing decisions
One sentence, running in both directions.
- 4A:3-3.5 Reclassification of positionsSummaryExplainerGuide17 citing decisions
The trigger is drift.
- 4A:3-3.6 New titlesSummary3 citing decisions
The request has to argue against itself.
- 4A:3-3.7 Trainee, apprentice, recruit, and intern titlesSummary6 citing decisions
Advancement out of a trainee title requires no promotional examination.
A local title designed to run out.
- 4A:3-3.7B Correctional Police Officer Apprentice title: State serviceSummary2 citing decisions
During the apprenticeship there is no appeal to the Civil Service Commission at all.
- 4A:3-3.8 Intermittent titlesSummary4 citing decisions
A furlough here is not a layoff, and saying so is the point of subsection (b)1.
- 4A:3-3.9 Position review request and appeal procedureSummaryExplainerGuide49 citing decisions
The rule for when the work outranks the title on the payroll.
Subchapter 4. Compensation
21 sections
- 4A:3-4.1 General provisionsSummaryGuide13 citing decisions
Compensation is centralised in State service and devolved in local service, and this section is where that split is set.
- 4A:3-4.2 Job evaluation: State serviceSummary2 citing decisions
The arithmetic turning a class code into a salary range, and it depends on the workweek code.
- 4A:3-4.3 Job reevaluation requests and appeals: State serviceSummary3 citing decisions
The unit of analysis is what separates this from a position review request.
- 4A:3-4.4 Salary rates for initial appointments: State serviceSummary3 citing decisions
Step four is the ceiling on a starting salary.
- 4A:3-4.5 Anniversary dates: State serviceSummaryExplainerGuide3 citing decisions
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:3-4.6 Anniversary date change when employee is in non-pay status: State serviceSummary1 citing decision
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 scheduled, leave without pay after sick leave injury is exhausted, leave without pay while receiving workers compensation, leave without pay under a voluntary alternative to layoff program, voluntary furlough, and furlough extension leave.
- 4A:3-4.7 Determining types of pay adjustments: State serviceSummary1 citing decision
A four-line table that routes everything else in this subchapter.
- 4A:3-4.8 Lateral pay adjustments: State serviceSummary1 citing decision
Same step, different money.
- 4A:3-4.9 Advancement pay adjustments: State serviceSummaryExplainerGuide12 citing decisions
Two tiers of raise, and four months of service decides which one applies.
- 4A:3-4.10 Demotional pay adjustments: State serviceSummaryGuide3 citing decisions
One word separates a disciplinary demotion from every other kind.
Red circled is the term to know.
- 4A:3-4.12 Movement of employees from no-range or single rate titles to titles having salary ranges: State serviceSummary3 citing decisions
Single rate and no-range titles sit outside the step ladder, so moving into a title that has one needs a conversion rule.
- 4A:3-4.13 Salaries of employees whose annual salaries are not on a step in their salary range: State serviceSummary1 citing decision
Sitting between two steps is a resolvable state, not a permanent one.
- 4A:3-4.14 Movement of employees to trainee titles from titles having higher pay rates: State serviceSummary2 citing decisions
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.
A tentative title is paid against a range that has not been finalized.
Military leave during a trainee period is bridged rather than penalised, and the rule works on three fronts.
The phrase governing this section is most beneficial to the employee, and it recurs.
Set this beside the special reemployment list rule and the difference is discretion.
Twenty eight words that mostly point elsewhere.
- 4A:3-4.20 Retroactive pay: State serviceSummary4 citing decisions
Two groups collect on a retroactive personnel action and everybody else is excluded.
- 4A:3-4.21 Salary overpayments: State serviceSummary26 citing decisions
Being overpaid by mistake does not automatically mean repaying all of it on the payroll terms.
Subchapter 5. Overtime Compensation
10 sections
- 4A:3-5.1 General provisionsSummary
The split here is total.
- 4A:3-5.2 Definitions: State serviceSummaryGuide3 citing decisions
This is where the workweek codes printed on a State job specification are defined.
- 4A:3-5.3 40 hours or less in a workweek: State serviceSummary9 citing decisions
The zone between a 35 hour workweek and 40 hours, which Federal law does not reach, is handled here.
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:3-5.5 Federal fair labor standards applicable to more than 40 hours in a workweek for 35, 40 and NE titles: State serviceSummaryExplainerGuide6 citing decisions
Compensatory time instead of cash is not a unilateral choice for the employer.
- 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 serviceSummaryGuide1 citing decision
NL and N4 are the codes meaning no cash.
- 4A:3-5.7 Special circumstances: State serviceSummary4 citing decisions
On call, training, travel and emergencies, with the same three-tier pattern running through the first three.
- 4A:3-5.8 Holiday pay: State serviceSummaryGuide1 citing decision
Holiday work divides the way the rest of the subchapter does.
- 4A:3-5.9 Appointing authority responsibilities: State serviceSummary1 citing decision
Written authorization comes first.
Two things can be appealed: whether one position is exempt or covered under the Fair Labor Standards Act, and whether an entire title is.