Live-In Exemption from Overtime Premium Pay 25. September 2017 Admin NJ Division of Developmental Disabilities, NJ Division of Disability Services (0) Historically, NJ DHS has restricted self-directed employees to working no more than 40 hours per week per program. Public Partnerships systems are currently set up to deny payment for over 40 hours per week per NJ DHS program. At the request of NJ DHS, employees who meet the federal qualifications for the live-in exemption from overtime pay may work over 40 hours per week per program and be paid regular rates in accordance with federal and state law. Eligible employers and employees may complete and submit the Live-In Exemption Form to your program's customer service representatives: NJ DDD: firstname.lastname@example.orgNJ PPP: email@example.comOnly upon receipt and entry of the Live-In Exemption Form will hours over 40 be paid. To learn if self-directed employees will qualify for the live-in exemption from overtime pay, please see below. STEP 1: DETERMINE IF THE EMPLOYEE QUALIFIES FOR THE LIVE-IN EXEMPTION FROM OVERTIME PAY Residency Test A live-in employee is exempt from overtime premium pay if the employee “…resides on the employer's premises either permanently or for extended periods of time”. Employer’s premises means the household where employed. Permanently, or extended periods of time means the employee lives, works, and sleeps in the household where employed for at least five (5) days a week (120 hours) or more. STEP 2: CERTIFY THE EMPLOYEE’S ELIGIBILITY FOR THE LIVE-IN EXEMPTION FROM OVERTIME PAY Live-In Exemption Form - Coming Soon! If the employee qualifies for the live-in exemption: All hours, including overtime (over 40 hours per workweek), will be paid at regular rates for all services upon receipt and entry of the Live-In Exemption Form.