State Law > New Jersey > New Jersey Meal and Rest Periods Law

New Jersey Meal and Rest Periods Law

 

New Jersey meal and rest period law for minors and street and elevated railway employees is located in Title 34, Chapters 2 and 10 of the New Jersey Code. The state also mandates off-duty periods for drivers located in Title 39, Chapter 9. The rights of breastfeeding mothers is included in Title 26, Chapter 4B.

Minors

34:2-21.4. Lunch period for minors under 18.

No minor under eighteen years of age shall be employed or permitted to work for more than five hours continuously without an interval of at least thirty minutes for a lunch period, and no period of less than thirty minutes shall be deemed to interrupt a continuous period of work.

34:2-21.5. Posting of law, list of prohibited occupations and schedule of hours of labor; permitting minors to begin later or stop earlier than time stated in schedule.

Every employer shall post and keep conspicuously posted in the establishment wherein any minor under 18 is employed, permitted, or suffered to work a printed abstract of this act and a list of the occupations prohibited to such minors, to be furnished by the Department of Labor, and a schedule of hours of labor which shall contain the name of each minor under 18 the maximum number of hours he shall be required or permitted to work during each day of the week, the total hours per week, the time of commencing and stopping work each day, and the time for the beginning and ending of the daily meal period. An employer may permit such minor to begin work after the time for beginning, and stop before the time for ending work stated in the schedule; but he shall not otherwise employ or permit him to work except as stated in the schedule. This schedule shall be on a form provided by the Department of Labor and shall remain the property of that department. Nothing in this section shall apply to the employment of minors in agricultural pursuits or in domestic service in private homes, or as newspaperboys as provided in this act.

34:2-21.6. Record of employment of minors under 19.

Every employer shall keep a record, in a form approved by the Department of Labor, which shall state the name, date of birth and address of each person under 19 years of age employed, the number of hours worked by said person on each day of the week, the hours of beginning and ending such work, the hours of beginning and ending meal periods, the amount of wages paid, and such other information as the department shall by regulation require. Such record shall be kept on file for at least 1 year after the entry of the record and shall be open to the inspection of the Department of Labor, of attendance officers and of police officers. Nothing in this section shall apply to the employment of minors in agricultural pursuits, or in domestic service in private homes, or as newspaperboys as provided in this act.

Street Railroads

34:10-3. Twelve hours maximum day.

Twelve hours' labor to be performed within twelve consecutive hours with reasonable time for meals not less than one-half hour for each shall constitute a day's labor for any employee in the operation of street railroads and elevated railroads owned or operated by corporations incorporated under the laws of this state.

Commercial Drivers

39:9-2. Hours of duty limited; hours off duty; emergencies

It shall be unlawful for any person to drive, or to require or permit any person to drive, any commercial motor vehicle, omnibus, motor bus, or tractor, while moving upon the public highways of this state after such person has been continuously on duty in such service, whether performed within or without this state, for a longer period than twelve hours, nor after he has been on duty for more than twelve hours in the aggregate during any sixteen consecutive hours. When any such person shall have been continuously on duty for twelve hours or shall have been on duty for twelve hours in the aggregate during any sixteen consecutive hours, he shall have at least eight consecutive hours off duty. The periods of release from duty herein provided for shall be spent at such place and under such circumstances that rest and relaxation from the strain of the duties of driving may be obtained; provided, however, that in case of accident or emergency, a person driving any such motor vehicle may complete his run or tour of duty, and such driver or the person who requires or permits such person to drive for such longer period shall not be deemed to have violated the provisions of this chapter.

39:9-4. Violations of chapter; punishment; enforcement; remedies; procedure; revocation of certificate.

Any person violating any provision of this chapter shall, upon summary conviction by a court of competent jurisdiction, be sentenced to pay a fine of $25.00 for the first offense and, in default of payment thereof, shall undergo imprisonment for not more than five days; and for each subsequent violation shall be sentenced to pay a fine of $50.00 and, in default of such payment, shall undergo imprisonment for not more than 10 days.

The provisions of this chapter shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.), and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a violation of any of the provisions of this chapter:

a. The several municipal courts shall have jurisdiction of such proceeding, in addition to the courts prescribed in "the penalty enforcement law" ;

b. The complaint in any such proceeding may be made on information and belief by the director or any police or peace officer of any municipality, any county or the State;

c. A warrant may issue in lieu of summons;

d. Any police or peace officer shall be empowered to serve and execute process in any such proceeding;

e. The hearing in any such proceeding shall be without a jury;

f. Any such proceeding may be brought in the name of the Director of the Division of Motor Vehicles in the Department of Law and Public Safety or in the name of the State of New Jersey;

g. Any sums received in payment of any fines imposed in any such proceeding shall be paid to the Director of the Division of Motor Vehicles and shall be paid by him into the State treasury;

h. The director or judge before whom any hearing under this chapter is had may revoke the license of any person to drive a motor vehicle or the registration certificate of any motor vehicle owned by any person, when such person shall have been guilty of such willful violation of any of the provisions of this chapter as shall in the discretion of the director or judge justify such revocation.

Breastfeeding

26:4B-4. Right to breast feed in public

2. Notwithstanding any provision of law to the contrary, a mother shall be entitled to breast feed her baby in any location of a place of public accommodation, resort or amusement wherein the mother is otherwise permitted.

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