New Jersey Statutes Title 34. Labor and Workmen's Compensation 34 § 11-72

a. An employer of a domestic worker shall allow the domestic worker an uninterrupted paid rest period of not less than ten minutes for each four consecutive hours worked, unless the nature of the work prevents the domestic worker from being relieved of all duties for such period of time, such as some types of child care and caretaker work for a sick, elderly or disabled person. In those types of work where the domestic worker is not relieved of all work duties, an “on-duty” rest period shall be provided. The employer shall pay the domestic worker for the time spent on a rest break at the domestic worker's regular rate of pay.

b. The employer shall allow an uninterrupted 30-minute meal break after more than five consecutive hours worked. Unless the domestic worker is relieved of all work duties during such 30-minute period and is permitted to leave the work site during that break, the meal period shall be considered an “on-duty” meal period and shall be paid at the domestic worker's regular rate of pay.

c. An “on-duty” meal or rest period shall be permitted only when the nature of the work prevents a domestic worker from being relieved of all duties and when, by written agreement between the parties, an “on-duty” meal or rest period is agreed to. The agreement may be revoked by the domestic worker, in writing, at any time. The domestic worker may, to the extent possible given the domestic worker's duties for the employer, engage in personal activities, such as resting, eating a meal, drinking a beverage, making a personal telephone call, or making other personal choices during “on-duty” meal or rest periods.

d. The employer shall not impede or discourage a domestic worker from taking any meal or rest breaks.

e. In the case of a violation of this section, the domestic work employer involved shall be liable to the domestic worker for an amount equal to one hour of pay at the domestic worker's regular rate of compensation, but not more than two hours of such pay, for each workday that the meal or rest period was not provided. The department shall determine through the agency's complaint and adjudication process whether or not violations occurred by the employer and whether or not the domestic worker is entitled to the remedy.