NEW JERSEY TEMPORARY WORKERS SECURE NEW PROTECTIONS

Follow us on LinkedIn to see future News.

Patricia Tsipras

April 11, 2023

Effective August 5, 2023 in New Jersey, temporary workers – a population predominantly comprised of immigrants and workers of color who often are vulnerable to discrimination in the workplace – will enjoy greater protections under a new Bill of Rights.

Who is a temporary worker?
A temporary worker is an individual (other than an agricultural crew leader who is registered under the federal Migrant and Seasonal Agricultural Worker Protection Act) who contracts for employment with a temporary help service firm.

What is a temporary help service firm?
In general, a temporary help service firm is any person or entity who employs individuals for the purpose of assigning them to assist the firm’s clients with temporary, excess, or special workloads.

How does the Bill of Rights protect temporary workers?

• It requires a client’s temporary workers to be paid at least the same average rate of pay and equivalent benefits as the client’s permanent employees who are performing the same or similar work in jobs requiring equal skill, effort, and responsibility.
• It requires that a temporary help service firm comply with a temporary worker’s request to hold daily wages and, instead, provide biweekly paychecks to avoid unnecessary check cashing fees.
• It prohibits deductions from pay, including deductions for meals or equipment, that reduce a temporary worker’s pay below minimum wage.
• It prohibits a temporary help service firm from charging fees to transport temporary workers to their worksite.
• It requires a temporary help service firm to pay temporary workers a minimum of four hours of pay even if no work is available at the client’s worksite.
• It requires temporary help service firms to provide, in the temporary worker’s native language, information about the key terms of their employment.
• It requires temporary help service firms to keep records on temporary workers, including basic contact information, qualifications, contracts, deductions from pay, and the costs of any equipment or meals charged to the temporary worker.
• It requires temporary help service firms to make available – within five days of a written request from a temporary worker – records regarding the number of hours billed to the client.
• It prohibits a temporary help service firm from restricting a temporary worker’s ability to accept a job with a permanent employer or a client.
• It prohibits retaliation against a temporary worker for exercising their legal rights, provides for up to $20,000 in damages (plus reinstatement, attorney’s fees, and costs) per incident, and provides for a private right of action in New Jersey Superior Court.

See 2022 Bill Text NJ A.B. 1474.

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.