As used herein, the following words have been defined, unless
the context otherwise indicates.
A current employee, paid or unpaid, that has not separated
from the Township by a formal action that may include resignation,
termination, retirement or death.
An employee whose primary duty involves nonmanual office
work directly related to management policies or general business operations,
and requires the exercise of discretion and independent judgment.
For irregular or occasional excess hours worked; as an alternative
to overtime or compensatory time when an employee, that is not eligible
to receive overtime, accumulates time, on an hour-for-hour basis,
for hours worked over 40 hours in a workweek, to be used at a later
date as time off. The term "work" shall mean actually worked, rather
than time spent in a pay cycle when no work is performed due to utilization
of employee benefit time (i.e., sick, vacation, personal, bereavement).
Examples where administrative time may be accrued include; working
at a public event, during inclement weather, or responding to an emergency
event.
[Amended 5-2-2022 by Ord. No. 22-09]
Job title that is permitted or required by state law or local
ordinance to be filled, and these laws or ordinances govern the requirements
of the job. An appointed employee serves for a fixed term of employment,
or at the pleasure of officials identified to serve as the appointing
authority.
Employee's rate of pay that will be within the salary range
of the current published ordinance. For full-time salaried employees
that are enrolled in the PERS, this shall be the "pensionable salary."
The base salary may include the following: payments made for occasional
periods when no work is performed due to vacation, holiday or other
similar cause; reimbursements, contributions made by the employer
to a third person pursuant to a bona fide plan providing for retirement,
life, accident, health or similar benefits; additional premium compensation
for hours worked in excess of eight hour per day or for work on Saturdays,
Sundays, or holidays; or overtime compensation. Under DCRP, for employees
hired after July of 2007, for whom pensionable salary is limited to
the salary on which social security contributions are based, the employee's
total pension plus DCRP eligible base salary would be used. It would
also be equal to the annualized amount on which an hourly rate-based
salary is structured.
Shall refer generally to Chapter 78 of the Laws of 2011,
the Pension and Health Benefits Reforms Law.
An independent agency created by state legislation that establishes
employment rules and regulations to be administered by appointing
authorities; administers examinations for employment and promotions;
classifies jobs; identifies potential candidates for employment; and
resolves appeals and disputes filed by state, county and municipal
civil service employees.
CSCCOMPETITIVE TITLE — Permanent titles that are subject to an examination process and successful completion of a working test period.
CSCNONCOMPETITIVE TITLE — Permanent titles in the career service where competitive testing is not required due to the nature of the knowledge, skills, and abilities associated with the job or difficulties associated with recruiting.
CSCCLASSIFIED POSITION — Paraprofessional position as determined by the CSC.
CSCUNCLASSIFIED POSITION — Includes job titles that are permitted or required by state law or local ordinance to be unclassified, and these laws or ordinances govern these job titles. An individual who has an unclassified appointment serves for a fixed term of employment or at the pleasure of the Township as the employer/appointing authority, and may not accrue seniority or permanency in the unclassified job title. Titles include confidential and managerial positions as determined by the CSC.
CSCAPPOINTING AUTHORITY — Any state government department or local agency person (Business Administrator) having power of appointment and/or removal of an employee; ensures employment actions are administered in a manner consistent with CSC rules and regulations.
A contract between the Township as the employer and a union,
negotiated pursuant to the Public Employment Relations Act. Individual
management agreements are excluded from this term.
The total value of everything the employer provides, or offers,
an employee in exchange for working.
For irregular or occasional overtime work; as an alternative
to additional compensation, when the employee is exempt from receiving
overtime, such as a manager or administrative employee. They shall
accumulate time, on an hour-for-hour basis, for time worked over 40
hours in a workweek, to be used at a later date as time off. The term
"work" shall mean actually worked, rather than time spent in a pay
cycle when no work is performed due to utilization of employee benefit
time (i.e., sick, vacation, personal, bereavement).
[Amended 5-2-2022 by Ord. No. 22-09]
An employee whose functional responsibility or knowledge
in connection with the issues involved in the collective negotiation
process would make his or her membership in any negotiating unit incompatible
with his or her official duties.
Calendar days unless specifically identified in this chapter
otherwise.
Pursuant to N.J.S.A. 43:15C-1 et seq., provides eligible
members with a tax-sheltered, defined contribution retirement benefit.
A leave program which allows employees to donate accumulated
time to coworkers that are experiencing a catastrophic illness and
their own time has been exhausted. As required, the Township's current
plan to participate in this program has been approved by the Civil
Service Commission.
Persons holding the position of Mayor and Council for the
Township.
Federal legislation which, among other things, requires an
employer to pay certain of its employees premium overtime for hours
worked in excess of 40 hours in a week. Employees may either be classified
as covered (nonexempt) or exempt if they meet certain criteria and
standards. "Exempt" includes executive, management, administrative,
confidential and elected officials, which are excluded from the provisions
of overtime under the Fair Labor Standards Act based on responsibilities
of the job.
The New Jersey Wage Payment Law and selected labor laws enforce
separate benefit packages, which the Township has agreed to provide
to certain employees; including compensation for holiday, vacation
and personal days, and reimbursement of the certain expenses.
An employee whose regular hours of work are more than 30
hours per normal or routine workweek for the Township.
A legal holiday or special holiday authorized by law or executive
order. In general, if an employee is entitled to be paid when not
reporting to work for a holiday, the time shall be counted for reporting
purposes only, as hours worked in a workweek. An employee shall be
entitled to the hours, representing their normal workday, for time
spent in a paid status for the holiday.
[Amended 5-2-2022 by Ord. No. 22-09]
A nonpermanent appointment to the same title as that of a
permanent employee who is on leave of absence, indefinite suspension,
has been demoted or removed from the position or is pending the results
of an appeal.
Appointed position under the direct executive authority of
the Mayor that oversees an administrative department. This includes
the Department of Finance, Department of Public Safety, Department
of Public Works, Department of Community Development, and the Department
of Parks, Recreation and Community Services.
State-approved division with certain legislative power to
promulgate rules and regulations, under the State of New Jersey Department
of Treasury.
In accordance with the federal Fair Labor Standards Act,[1] the Township shall pay overtime compensation to nonexempt
employees when they work in excess of 40 hours per week, at an hourly
rate of not less than 1Â 1/2 times their regular rate of pay.
The term "work" shall mean actually worked, rather than time spent
in a pay cycle when no work is performed due to utilization of employee
benefit time (i.e., sick, vacation, personal, bereavement).
[Amended 5-2-2022 by Ord. No. 22-09]
An employee whose regular hours of work are less than 30
hours per normal or routine workweek.
An employee who has received notification of appointment
in accordance with the Civil Service Commission and has successfully
completed the working test period, if required for the position. A
permanent employee may be part time or full time.
Pension fund under the state-administered retirement system,
with administrative authority assigned to the New Jersey Department
of Pensions and Benefits.
A collection of duties and responsibilities assigned to a
job.
An employee receiving salary and certain benefits in the
same manner that a permanent employee receives, but has no status
or rights to continued employment.
State-authorized agency that hears cases from employees or
unions on unfair labor practices in state and local government jurisdictions.
Pension fund under the state-administered retirement system,
with administrative authority assigned to the New Jersey Department
of Pensions and Benefits.
An employee shall be required to submit a true and accurate
record of the hours worked and shall furnish to their direct supervisor,
or their authorized representative, a sworn statement of the same
in the manner prescribed by the Township as the employer. Such records
shall be open to inspection by Township officials and may be subject
to the laws governing the Open Public Records Act.[2]
The minimum qualifications that are required for successful
performance of the job duties.
In accordance with the most recent municipal ordinance, the
range of salary paid for a position or title.
A type of paid leave in which an employee may use time off
due to personal illness or injury, because of exposure to contagious
disease, to care for a sick member of the immediate family, or due
to the death of a member of the immediate family.
Positions that exists for a term of six months or less and
are hired to perform a job that is needed on short-term basis.
Preplanned instruction with specific outcomes designed to
develop or improve employee performance through the acquisition or
enhancement of knowledge, skills, and attitudes.
Work actually performed by the employee for the benefit of
the Township; and does not include time spent in paid status utilizing
employee benefit time when no work was performed (i.e., sick, vacation,
personal, bereavement, compensation time, leave of absence or other
accrued time). For a holiday, an employee shall be entitled to the
hours representing their normal workday for time spent in a paid status. An
employee shall be entitled to the hours representing their normal
workday when notified their place of assignment is closed due to inclement
weather or major event and the employee was provided notice not to
report to work.
[Amended 5-2-2022 by Ord. No. 22-09]
The designation assigned to a title to reflect the number
of hours worked in a normal week and the title's status. Full-time
employees shall have either a 37.5-hour or forty-hour workweek as
determined by the department and position they are assigned under.
The workweek of part-time employees shall be subject to the discretion
of the director they are assigned under.
The following labor laws shall be enforced under this chapter:
A.Â
New Jersey Administrative Code (N.J.A.C. 4A:1-1.1 et seq.) —
Regulates the activities relating to employment, tenure and discharge
of certain state employees and certain employees of local government
and political subdivisions under the authority of the Civil Service
Commission.
B.Â
New Jersey Statutes Annotated, Municipalities and Counties Civil
Service Act (N.J.S.A. 11A:1-1 et seq.) — State legislation which
governs the ways in which local governments must operate. Includes
New Jersey law governing the employment, tenure and discharge of certain
employees; and establishes the Civil Service Commission as a principal
department under the Executive Branch of New Jersey State government.
C.Â
New Jersey Wage and Hour Law (N.J.S.A. 34:11-56a et seq.) —
Under the New Jersey Department of Labor and Workforce, establishes
a minimum wage level for workers in order to safeguard their health,
efficiency, and general well-being and to protect them, as well as
their employers, from the effects of serious and unfair competition
resulting from wage levels detrimental to their health, efficiency
and well-being.
D.Â
New Jersey Security and Financial Empowerment Act ("NJ SAFE Act")
(N.J.S.A. 34:11C-3 et seq.) (P.L. 2019, c. 37) — Provides that
certain employees are eligible to receive an unpaid leave of absence,
for a period not to exceed 20 days in a twelve-month period, to address
circumstances resulting from domestic violence or a sexually violent
offense.
E.Â
New Jersey Family Leave Act ("NJFLA") (N.J.S.A. 34:11B-1 et seq.)
— Provides for family leave for employees in certain cases and
prohibits certain employer practices by establishing interpretations
of the provisions of the statute.
F.Â
Family Medical Leave Act ("FMLA") (Federal Code Title 29, Labor, Subtitle B, Chapter 5, Subchapter C, Part 825) — A federal law that guarantees that certain employees are eligible to receive up to 12 workweeks of unpaid leave in a year with no threat of job loss.
G.Â
New Jersey Earned Sick Leave (N.J.S.A. 34:11D-1 et seq.) —
Provides for minimum employer requirements related to an employee's
sick leave benefit.
H.Â
Federal Fair Labor Standards Act ("FSLA") (Federal Code, Title 29, Chapter 8[1]) — Federal legislation which, among other things,
requires an employer to pay certain covered (nonexempt) employees
premium overtime for hours worked in excess of 40 hours in a workweek.
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
I.Â
New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.; P.L. 1972, c.
45) — Empowers all local public entities to indemnify local
public employees consistent with the provisions of said Act.
J.Â
Open Public Records Act ("OPRA") (N.J.S.A. 47:1A-1 et seq.) —
A state law enacted to give the public greater access to government
records maintained by public agencies in New Jersey.
