Our temporary workers, regardless of their race or status, are key contributors to the workforce in our state, Signing the Temporary Workers’ Bill of Rights establishes necessary guidelines for temporary help service firms and third-party clients to ensure that these workers are afforded basic protections and treated with the dignity they deserve.
New Jersey Governor Phil Murphy after he signed into law A1474/S511, commonly referred to as the “Temporary Workers’ Bill of Rights.”
This new legislation should be considered a major victory for New Jersey’s workforce, specifically its temporary workers. The law will take effect on August 5, 2023; however, certain provisions affecting newly hired employees and the anti-retaliation provisions will take effect on May 7, 2023.
There are currently over 127,000 temporary workers in New Jersey, many of whom have dealt with unfair practices from a staffing agency, referred to as a “temporary help service firm” in this law.
“Temporary help service firm” means any person who operates a business which consists of employing individuals directly or indirectly for the purpose of assigning the employed individuals to assist the firm’s customers in the handling of the customers’ temporary, excess or special work loads, and who, in addition to the payment of wages or salaries to the employed individuals while on assignment, pays or is required to pay Federal social security taxes and State and Federal unemployment insurance; carries or is required to carry worker’s compensation insurance as required by State law; and sustains responsibility for the actions of the employed individuals while they render services to the firm’s customers. This definition applies to “temporary help service firm” as the term is used in both 34:8-43 et seq. and 56:8-1.1.
Until now, many of these workers had little recourse or protection from the law. However, this new law will seek to:
- equalize the compensation of temporary workers with that of regular employees and address major issues such as wage theft
- increase the requirements for staffing agencies when it comes to transparency with its workers
- restrict the fees that are paid to these staffing agencies for the placement of workers
WAGES For Temporary Workers
Under the new law, temporary workers are to be paid no less than the average rate of pay and cost of benefits provided to regular employees of the employers in similar positions with similar skill requirements, responsibilities, and working conditions.
The temporary service firms will be required to disclose the amount of placement fees on temporary workers’ wage payment stubs and notice forms.
Whenever wages are paid to a temporary laborer, the temporary help service firm must provide the laborer a detailed itemized statement that includes the name, address, and telephone number of each third-party client at which the temporary laborer worked; the number of hours worked by the temporary laborer at each third-party client each day during the pay period; the rate of pay for each hour worked, including premium rates or bonuses; the total pay period earnings; and the amount and purpose of each deduction made from the temporary laborer’s compensation.
Are you concerned that you may be the victim of wage theft? Contact us today to learn more about how we have helped other workers receive compensation.
DISCLOSURE REQUIREMENTS
Temporary help service firms must provide temporary workers with common sense information detailing key terms of employment in the workers’ primary languages, such as hours worked and rate of pay.
Temporary service firms will be required to keep these disclosures updated. In addition, the staffing agencies will be required to give temporary workers no less than 48 hours’ notice if there is a change in the worker’s schedule, shift or location of assignment for a multi-day assignment.
Under the new law, a temporary service firm will be required to provide a statement to temporary workers at the time of their placement with an employer that includes significant detail about their assignment, including the contact information for the service firm, the third-party employer, the worksite, and the New Jersey Department of Labor and Workforce Development (NJ DOL). In addition, the statement must disclose the terms and conditions of the temporary placement and the duration of the assignment.
Anti-Retaliation Rights For Temporary Workers
It will now be unlawful for either a temporary help service firm to retaliate against a temporary worker for exercising any of their newly earned rights under the Temporary Workers’ Bill of Rights. Moreover, the termination or disciplinary action by a temporary help service firm against a temporary laborer within 90 days of exercising their rights would raise a rebuttable presumption of retaliation.
If a temporary worker is successful in alleging unlawful retaliation, they would be entitled to the greater of all legal or equitable relief as may be appropriate or liquidated damages equal to $20,000 per incident of retaliation, reinstatement (if appropriate), and attorneys’ fees and costs.
Summary
This new law is clearly a game changer when it comes to temporary workers. When it comes to law firms like ours that have fought on behalf of working men and women for decades, this new law will surely provide us with more options to assist our clients.
If you have questions regarding this law or anything, please call us today at 908-352-2323.
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