New Jersey DOL Clarifies Overtime Exemption for Employees of Common Carriers of Passengers by Motor Bus

Under current state law, employees of a common carrier of passengers by motor bus are exempt from overtime. N.J.S.A. 34:11-56a4. However, the term “common carrier of passengers by motor bus” was never defined in the regulations, leading to confusion by state enforcement officers as to the scope of that exemption. On March 18, 2013, the New Jersey Department of Labor issued a proposed new rule, N.J.A.C. 12:56-7.1, which would provides an objective definition of the phrase for purposes of the exemption. The proposed new rule defines the term to include any employer that (1) operates an “autobus” as defined in N.J.S.A. 48:4-1 and (2) has received an authorizing certificate of public convenience and necessity from the Chief Administrator of the New Jersey Motor Vehicle Commission. The Department is requesting comments to this proposal by May 17, 2013.