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Employee Classification: New Jersey

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: John Sarno, Employer's Association of New Jersey


  • A few employees, including some salespersons and babysitters, are exempt from New Jersey's minimum wage requirements. See Minimum Wage Exemptions.
  • New Jersey's overtime exemptions are the same as those of the federal Fair Labor Standards Act (FLSA) for white-collar employees. However, New Jersey has retained two narrow exemptions for certain mechanics and limousine drivers. See Overtime Exemptions.
  • Full-time students may be paid less than the minimum wage. See Subminimum Wages.
  • Volunteers, trainees and interns are not considered employees under New Jersey law, and therefore are exempt from its minimum wage and overtime requirements. See Volunteers and Trainees and Interns.