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February 2023: New Jersey Governor Signs “Temporary Workers’ Bill of Rights” into Law

15 Feb

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Update Applicable to:
All employers with temporary employees in the state of New Jersey

What happened?
On February 6, 2023, 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.

What are the details?
The Temporary Worker Bill of Rights aims to 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 RequirementsNo Retaliation  
Effective August 5, 2023  Wage PaymentNo Transportation FeesCertification with the Division of Consumer AffairsAgreements with Client CompaniesEqual PayPrivate Right of Action  

For more information, please see the links below:

Temporary Workers’ Bill of Rights

News Release

Article 1Article 2

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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