On February 6, Governor Murphy signed into law the “Temporary Workers’ Bill of Rights”, A1474/S511.
Per the Governor’s press release, “The bill allows for greater oversight of temporary help service firms and third-party clients by the Department of Labor and Workforce Development (NJDOL) and the Division of Consumer Affairs (DCA) within the Department of Law and Public Safety. Under the bill, DCA will oversee enhanced certification requirements for temporary help service firms. Contracting with uncertified firms will be prohibited for third-party clients. Enforcement actions will fall under NJDOL’s purview… In an effort to advance pay equity, the bill will allow for temporary workers to be paid at least the same average rate of pay and equivalent benefits as the third-party client’s permanent employees performing the same or similar work on jobs that require equal skill, effort, and responsibility. At the request of a temporary worker, temporary help service firms must hold daily wages and provide biweekly pay checks to avoid unnecessary check cashing fees that eat away at earnings. The bill also prohibits pay deductions for meals and equipment that would reduce temporary workers’ pay below minimum wage.”
Most of the law’s requirements go into effect August 5, 2023, except for the new wage notice and anti-retaliation requirements, which are effective May 7, 2023. There will be a 6-year recordkeeping requirement and a private right of action for aggrieved temporary workers.
The law will only apply to workers assigned by a temporary staffing agency to work in specific occupations, such as food preparation, personal care and service, transportation and material moving occupations, buildings and grounds maintenance operations, and construction laborers.