Update Applicable to:
All employers with temporary employees in the state of New Jersey.
In our previous communication here, we notified you that Governor Murphy signed the “Temporary Workers’ Bill of Rights” into law, which gives temporary workers the right to certain information in their native language, including where they will be working, the kind of work to be performed, sick time allocation, the pay rate, and schedule. This is a reminder for that update.
What are the details?
Effective May 7, 2023, the Temporary Worker Bill of Rights will eliminate pay disparities and increase oversight of temporary staffing agencies. Data cited in the law’s findings and declarations sections indicate that a disproportionate number of staffing agency employees are Black or Latino. Further, according to the bill, temporary workers are less likely to receive employer-sponsored health and other benefits and more likely to experience unsafe working conditions, wage and hour violations, and other unlawful workplace practices.
The law applies to non-exempt workers assigned by a temporary staffing agency to perform work in the following occupational categories (as defined by the U.S. Bureau of Labor Statistics):
- Protective Service Workers
- Food Preparation and Serving Related Occupations
- Building and Grounds Cleaning and Maintenance Occupations
- Personal Care and Service Occupations, Construction Laborers
- Helpers, Construction Trades
- Installation, Maintenance, and Repair Occupations
- Production Occupations
- Transportation and Material Moving Occupations
The notice and anti-retaliation provisions will take effect on May 7, 2023. The other provisions will take effect on August 5, 2023.
Below are hyperlinks that contain more information on the provisions that will go into effect on specific dates.
|Effective May 5, 2023||Notice Requirement No Retaliation|
|Effective August 5, 2023||Wage Payment No Transportation Fees Certification with the Division of Consumer Affairs Agreements with Client Companies Equal Pay Private Right of Action|
For more information, please see the links below:
What do employers need to do?
Employers should review the links provided above and should review their existing agreements to determine whether they need to make changes to ensure compliance, along with reviewing their current payroll practices as they relate to temporary workers and carefully analyze whether they will need to make any changes, especially as they relate to pay statements, frequency of payments, and any deductions.
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