Bill Text: NJ A4214 | 2016-2017 | Regular Session | Amended

---

Bill Title: Provides certain overtime requirements for air carrier employees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2017-01-09 - Received in the Senate, Referred to Senate Labor Committee [A4214 Detail]

Download: New_Jersey-2016-A4214-Amended.html

---

[First Reprint]

ASSEMBLY, No. 4214

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED OCTOBER 6, 2016

 

 

Sponsored by:

Assemblyman  CRAIG J. COUGHLIN

District 19 (Middlesex)

Assemblyman  JAMEL C. HOLLEY

District 20 (Union)

 

 

 

 

SYNOPSIS

     Provides certain overtime requirements for air carrier employees.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Labor Committee on December 12, 2016, with amendments.

  

An Act concerning air carrier employees and overtime and supplementing P.L.1966, c.113 (C.34:11-56a et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this section:

     "Air carrier employee" means an employee, non-union or union, where applicable labor agreements permit, who operates in a phase of air carrier employment which operates on a seven day a week, 24 hour-a-day basis and whose normal work is scheduled on a seven day a week, 24 hour-a-day basis.  ¹"Air carrier employee" includes direct employees of air carriers, but does not include any independent contractors or employees of independent contractors with which an air carrier contracts.¹

     b.    Notwithstanding any law or regulation to the contrary, every employer shall pay each of its non-exempt air carrier employees at 1 1/2 times the employee's regular hourly wage for each hour of working time in excess of 40 hours in any week, except:

     (1)   rescheduled time off may be granted in exchange for overtime worked by air carrier employees in the following situations:

     (a)   at the employee's request;

     (b)   the employer determines that the workload demands permit the employee's absence; or

     (c)   the rescheduled time off is taken within specified periods; and

     (2)   an air carrier employee may elect, at the employee's sole discretion, to be paid at the employee's regular hourly wage rate for all hours worked in excess of 40 hours in a week as a result of an employee-initiated shift trade under a collective bargaining agreement.  ¹An air carrier shall not be liable to pay an employee at 1 1/2 times the employee's regular hourly wage for any hours in excess of 40 hours in any week that are the result of an employee-initiated shift trade pursuant to this paragraph.¹

 

     2.    This act shall take effect on the first day of the second month next following enactment.