CHAPTER 93

An Act concerning paydays falling on nonwork days and amending P.L.1965, c.173.

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

    1.    Section 2 of P.L.1965, c.173 (C.34:11-4.2) is amended to read as follows:

C.34:11-4.2 Time and mode of payment; paydays.

    2.    Except as otherwise provided by law, every employer shall pay the full amount of wages due to his employees at least twice during each calendar month, on regular paydays designated in advance by the employer, in lawful money of the United States or with checks on banks where suitable arrangements are made for the cashing of such checks by employees without difficulty and for the full amount for which they are drawn. An employer may establish regular paydays less frequently than semimonthly for bona fide executive, supervisory and other special classifications of employees provided that the employee shall be paid in full at least once each calendar month on a regularly established schedule.

    If a regular payday falls on a nonwork day, that is, a day on which the workplace of an employee is not open for business, payment shall be made on the immediately preceding work day, except where it is otherwise provided for in a collective bargaining agreement.

    The end of the pay period for which payment is made on a regular payday shall be not more than 10 working days before such regular payday, provided that if the regular payday falls on a nonwork day payment shall be made on the preceding work day.

    2.    This act shall take effect on the 90th day following enactment.

    Approved November 7, 2002.