Sweeping “Temporary Workers’ Bill of Rights” Now In Effect, NJDOL Outlines Key Provisions
FOR IMMEDIATE RELEASE
May 8, 2023
The New Jersey Department of Labor and Workforce Development (NJDOL) has launched a new website to highlight the “Temporary Workers’ Bill of Rights,” which went into effect, in part, on May 7; the remainder of the law goes into effect on August 5.
The website includes resources for employers and employees on what the law entails and how to comply. There is also information on wage and hour laws, misclassification, earned sick leave and more. The newly required Assignment Notification form can also be found on the website.
Signed into law by Governor Murphy this past February, the “Temporary Workers’ Bill of Rights” (P.L. 2023, chapter 10) significantly expands the rights and protections afforded to temporary laborers, allowing for greater oversight of temporary help service firms and third-party clients by NJDOL and the Division of Consumer Affairs (DCA) within the Department of Law and Public Safety.
“Under the Murphy Administration, New Jersey has strengthened and expanded its worker protections to be top-tier in the nation, and I’m glad that our temporary laborers covered under this law will get the respect and dignity they deserve,” said Labor Commissioner Robert Asaro-Angelo.
As of May 7, temporary help service firms must provide an “Assignment Notification” form to a temporary laborer when they are dispatched to work for a third-party client, which is to include, among other things, information regarding the temporary help service firm and third-party client, as well as a description of the work to be performed, the wages that are being offered to the worker, the terms of transportation offered to the worker, and notice of their right to Earned Sick Leave. Failing to provide the notification may result in a civil penalty of between $500 and $1,000 per violation. Other notifications required involve changes in the schedule, shift, or work location, requested confirmation for seeking work, and a statement informing of a strike, lockout, or other labor dispute at a place of work and the temporary laborer’s right to refuse the assignment because of the labor dispute.
In addition, temporary laborers may not be retaliated against by a current or former employer for filing a complaint, cooperating with an investigation, or telling others about their rights under the law or of an alleged violation. Employer retaliation may result in administrative penalties of up to $250 for the first violation, and up to $500 for subsequent violations.
This law applies only to workers who are placed in a temporary assignment by a temporary help service firm to perform work in certain occupational categories, including: food preparation and serving; production such as laundry and dry cleaning, food processing, and textile work; personal care and service such as amusement, entertainment, and dressing room attendants; construction; transportation and moving such as drivers, parking attendants, and material moving; building and grounds cleaning and maintenance such as janitors, cleaners and landscaping workers; protective service such as security guards and crossing guards; and installation, maintenance and repair.
The website is one part of the multi-lingual outreach program the Department is developing to meet the requirements of the law. Additional outreach materials will be made available in New Jersey’s foremost language access needs in the coming weeks.
On August 5, 2023, additional provisions will go into effect related to record keeping, transportation to a worksite, wages, itemized pay statements, work verification forms, and private right of action. Find more details here.
If a temporary worker feels their rights under the law have been violated, complaints can be filed online, by mail, or via fax through NJDOL’s Wage and Hour Division.
To learn more about the law, upcoming provisions effective this summer, and all benefits and protections temporary workers are entitled to, visit nj.gov/labor/tempworkers.