New Jersey overtime rules for home care workers

In New Jersey, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $15.92 an hour, rising to $16.48 on January 1, 2027. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. New Jersey's own law also requires overtime for agency caregivers, so they would still be owed it if the federal rule is undone.

What are New Jersey's overtime and minimum wage rules?

Adjusted annually by formula. Seasonal employers and employers with fewer than 6 employees have a lower rate: $15.23 in 2026 and $16.25 from January 1, 2027.

Does New Jersey law require overtime for agency caregivers?

Yes. New Jersey's overtime exemptions include nothing for domestic, companion or home care workers (N.J.S.A. 34:11-56a4), and the Domestic Workers' Bill of Rights counts companions and caretakers as domestic workers. The state's rules under that law, in effect since October 5, 2026, decline to exclude home health aides employed by licensed health care service firms.

Does New Jersey have special rules for home care workers?

The Domestic Workers' Bill of Rights (P.L. 2023, c.262, in effect 2024-07-01) covers companions and caretakers for sick, convalescing, elderly or disabled people, and its definition of employer includes agencies and platforms that pay the worker. It requires 1.5x after 40 hours, a written contract, a paid 10-minute rest break per 4 hours and a 30-minute meal break after 5 hours (on-duty and paid when the worker cannot be relieved), and 2 weeks' notice before termination (4 weeks for live-in workers).

Can sleep time be unpaid on 24-hour shifts in New Jersey?

NJDOL says sleep time follows the federal FLSA: up to 8 hours of on-site sleep may be excluded under certain conditions, interruptions are paid, and the whole period is paid if the worker gets under 5 hours. Live-in workers must be paid at least 8 hours for each day on duty and cannot be required to work more than 6 consecutive days without a 24-hour rest period.