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 will soon be able to work over 40 hours per week per program and be paid regular rates in accordance with federal and state law.  We are in the process of configuring our payroll system for each program to allow live-in employees to work over 40 hours per week per program at regular rates.  As soon as the system is ready, we will post a Live-In Exemption Form on this website for employers and employees to download and complete.  Only 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.

 

 

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”.  

 

 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.