Originally published on the Employer's Law Blog
The New Jersey Department of Labor and Workforce Development
(NJDOL) is proposing an amendment intended to cure its recent wage
and hour misstep.
On September 6, 2011, the NJDOL adopted the federal Fair Labor
Standards Act's (FLSA's) so-called "white collar"
exemption for employees working in administrative, executive,
professional, or outside sales capacities. See http://www.employerslawblog.com/Entry.aspx?eID=406.
In doing so, the NJDOL unintentionally eliminated the New
Jersey-specific regulatory overtime exemption known as the
"inside sales exemption." According to the
NJDOL, the "inside sales exemption" exempted from
overtime requirements "employees whose primary duty consists
of sales activity and who receive at least 50 percent compensation
from commissions and total compensation of not less than $400 per
week." Although the "inside sales exemption" was
uniquely placed within New Jersey's administrative
