Temporary Workers

All temporary workers are protected under Wage and Hour Law. Some types of temporary workers are covered under the Temporary Workers Bill of Rights. This page will be updated as more resources become available.
- Read the final rules here.
- Division of Consumer Affairs enforces certification requirements for temporary help service firms.
- This webpage can be translated by clicking “Translate” in the top right corner of this webpage. Esta pagina web se puede traducer hacienda clic en “Traducir” en la esquina superior derecha de esta pagina web.
Temporary Workers | Temp Agencies | Third-Party Clients |
A temporary worker is someone who is employed by a "temporary help service firm" for a specific type of work. The law refers to them as "temporary laborers." | Temp agencies hire people to help other companies with temporary, extra, or special tasks. The law refers to them as "temporary help service firms." | Temp agencies assign temporary workers to third-party clients, also known as client companies. This is where a temporary worker performs their job. |
Temporary workers in certain jobs are covered under the Temporary Workers Bill of Rights. See the next tab for more information.
You are entitled to regular pay at least the state minimum wage, and the rate agreed to at the time of hire.
You are entitled to 1.5 times your hourly rate of pay for hours worked over 40 hours per week. There are limited exceptions.
- Example: If you are paid $20 an hour regularly, then you must be paid $30 an hour (1.5 x $20) for every hour you work over 40 hours each week.
Learn about overtime exemptions here.
The temp agency must pay you:
- regularly
- at least twice a month
- no more than 10 days after the end of the pay period
Once your employment ends, they must pay you by the next scheduled payday.
You may request to be paid biweekly, and via cash, check or direct deposit.
The temp agency cannot force you to be paid via direct deposit. You can request to be paid by check or in cash. You must receive a paystub, no matter how you are paid.
Most workers earn up to 40 hours of Earned Sick Leave under NJ law. The temp agency must pay you for the time off you when you use any NJ Earned Sick Leave. Learn more at mysickdays.nj.gov.
Sometimes employers classify workers as independent contractors when they are really employees.
If you are misclassified as an independent contractor or paid cash off the books, you’re not at fault, but you could miss out on work rights and other benefits.
Misclassified employees may be entitled to financial compensation. Learn more here.
NJDOL does not ask about immigration or citizenship status and serves all workers regardless of immigration status. NJDOL will not share any information, including with immigration agencies, unless required by law or regulations.
Depending on a worker’s particular situation, NJDOL may be able to assist with immigration relief, such as deferred action.
The law applies to all “temporary help service firms” that assign temporary workers in covered job categories (see below). They are sometimes called “temp agencies.”
Temp agencies
- Hire people to help other companies with temporary, extra, or special tasks
- Pay their employees' wages
- Are responsible for employee actions while they are working for their third-party clients
The legal definition of “temporary help service firms” is in the statute.
This law only covers temporary workers in certain job categories. Some of the most common jobs covered by this law are temporary warehouse workers, moving and maintenance jobs, and construction. But there are others.
The law defines covered work (called designated classification placements) using codes form the Bureau of Labor Statistics (BLS).
NJDOL references these code to confirm a worker is covered:
- Food preparation and serving such as cooks or waiters (35-0000 Food Preparation and Serving Related Occupations)
- Production such as workers engaged in laundry and dry cleaning, workers in food processing, textile and wood workers (51-0000 Production Occupations)
- Construction (47-30000 Helpers, Construction Trades; 47-2060 Construction Laborers)
- Transportation and moving such as drivers, parking attendants, and material moving (53-0000 Transportation and Material Moving Occupations)
- Personal care and service such as amusement, entertainment, and dressing room attendants (39-0000 Personal Care and Service Occupations)
- Building and grounds cleaning and maintenance such as janitors, cleaners and landscaping workers (37-0000 Building and Grounds Cleaning and Maintenance Occupations)
- Protective service such as security guards and crossing guards (33-9000 Other Protective Service Workers)
- Installation, maintenance and repair (49-0000 Installation, Maintenance, and Repair Occupations)
Temp agencies assign temporary workers to third party clients, also known as client companies. This is where a temporary worker performs their job.
See the law for more details.
Temp agencies and third-party clients must share certain forms with workers in a language they understand.
NJDOL has posted some example forms in multiple languages.
If NJDOL has not yet provided a form in a necessary language, then the temp service agency must provide the translated form in writing. They can do so through an employee or a vendor.
For multi-day assignments, workers must get 48 hours notice of schedule, shift, or location changes when possible.
Workers are entitled to paid hours if work is cancelled or their location changes.
- No work at scheduled assignment: Receive a minimum of four hours pay at the agreed upon hourly rate
- Worksite changed from original schedule during the same shift: Receive a minimum of two hours of pay at the original rate of pay, plus any hours worked at the new location
If there is no work, the worker can ask for signed confirmation from the temp agency that they sought work that day.
The confirmation should include:
- Name of temp agency/firm
- Name and address of the temporary worker
- Date and the time that the temporary worker received the confirmation
Temp agencies and third-party clients must follow rules when transporting temporary workers to and from the worksite:
- The agency can't require the worker to use transportation that they provide
- The agency or third-party client can’t charge the worker for transportation they provide to and from the worksite.
- If the temp agency provides the worker with transportation, it cannot allow a vehicle to transport the worker if:
- they know or should know that the vehicle is unsafe
- the vehicle is not insured
- the driver of the vehicle does not hold a valid license to operate the vehicle, or
- the vehicle does not have a seat and safety belt for each passenger.
Temporary workers can purchase equipment, clothing, and other items from the temp agency.
The temp agency must provide it at “cost.” This means the temp agency can’t make a profit from selling these things to workers.
Temp agencies cannot charge temporary workers for meals they don’t eat. The temporary worker decides if they want to purchase the meal.
Temp agencies may only provide meals to temporary workers at “cost”. This means the temp agency can’t make a profit from selling meals to workers.
Temp workers' rate of pay and cost of benefit must be at least the same as the average rate of pay and average cost of benefits (or cash equivalent) of employees of the third-party client doing the same or substantially similar work under similar working conditions.
- Substantially similar work means the job requires the same skill, effort, and responsibility.
- Skill—measured by factors such as the experience, ability, education and training someone needs to perform the job.
- Effort—the amount of physical or mental exertion someone needs to perform the job.
- Responsibility—degree of accountability and discretion required to perform a job.
- Working conditions—means the physical surroundings and hazards. This does not include job shifts.
Temporary workers can request the temp agency pay them every other week instead of daily. The temp agency must provide written notification of this right.
Temporary workers can request payment in check, cash or direct deposit
Temp agencies must provide temporary workers with this form NJDOL created, or include the following information in the paystub:
- Name and address of third-party clients
- Number of hours worked for each third-party client
- Rate of pay, including overtime
- Total earnings
- Any deductions
- The maximum fee a temp agency can charge a third-party client to hire a temp worker directly
- The total amount the temp agency charged the third-party client for your services in that pay period
- The total cost of benefits the temp agency provided to the temp worker in that pay period
The temp agency cannot charge fees for transportation, check cashing, consumer reports, criminal background checks, or drug tests.
Temporary workers can accept a permanent position with a third-party client.
The temporary help service can charge a placement fee to the third-party client. They cannot charge a fee to the worker.
Temp agencies must tell workers in writing about a strike, a lockout, or other labor dispute at a third-party client workplace they assign them to. Temporary workers can refuse to work there if they do not want to interfere.
Keep track of the hours you worked, pay, and the contact information of both the temp agency and third-party client.
Complaints can be filed online through our secure system (en línea con nuestro sistema seguro) or by mail or fax. In the section titled “Complaint Reason Details”, please check “Other” and enter information about your complaint regarding a violation of the Temporary Workers Bill of Rights.
A trusted person, including a representative from a union or community-based organization, can help file a complaint or email us on your behalf.
For more details, contact us. NJDOL has resources and multilingual staff who can help. We will work with you to make sure you can fully engage with us during the entire process.
The temp agency or third-party client you are working for cannot punish you for:
- Filing a complaint or participating in an investigation;
- Complaining about a violation of the law to a temp agency, a third-party client, a co-worker or a community organization;
- Filing a complaint with a State or federal agency, or with the Superior Court;
- Testifying or preparing to testify in an investigation
Punishment includes firing, disciplinary action, cutting pay or hours, or other adverse actions.
Employers breaking this law may face penalties. If the retaliate against you, file a complaint right away.
Rebuttable presumption
- If the temp agency, fires you or takes any disciplinary action against you within 90 days of you exercising your rights under the Temporary Workers Bill of Rights, there will be a “rebuttable presumption” that the firing or disciplinary action was retaliation.
- When there is a “rebuttable presumption,” your employer must prove that the firing or disciplinary action was not retaliation.
You can file a complaint with NJDOL and/or bring a civil action to the Superior Court in the county where the violation occurred, or where you live. You can bring an action within six years of your employment with your agency, or within six years of the end of your contract with a third-party client.
You can pursue a complaint with NJDOL at the same time as your civil action suit. You might get relief under both.
Only Superior Court can order monetary damages or equitable relief to impacted workers. This includes reinstatement when a temp agency retaliates against a worker. NJDOL penalties are paid to the Department.
Temp agencies must be certified by the Director of the Division of Consumer Affairs (DCA) within the Department of Law and Public Safety to make “designated classification placements.” NJDOL does not enforce these certification provisions. They are enforced by DCA.
A temp agency must keep records for six years. More details can be found in the law.
Temp agencies must share forms with workers in their language.
NJDOL has posted the “temporary laborer assignment notification forms” in multiple languages.
If NJDOL has not yet provided a form in a necessary language, then the temp service agency must provide the translated form in writing. They can do so through an employee or a vendor.
The temp agency must provide an “Assignment Notification” form when the worker is sent to work. This form includes work details, pay, and work rights. Read the law for more details.
If the agency doesn’t provide this form, they could be fined $500-$1000 per violation.
Temp agencies must provide temporary workers with this form NJDOL created, or include the following information in the paystub.
- Name and address of third-party clients
- Number of hours worked for each third-party client
- Rate of pay, including overtime
- Total earnings
- Any deductions
- The maximum fee a temp agency can charge a third-party client to hire a temp worker directly
- The total amount the temp agency charged the third-party client for your services in that pay period
- The total cost of benefits the temp agency provided to the temp worker in that pay period
If the agency doesn’t comply, they could be fined $500 per violation.
Third-party clients must provide temporary workers with a work verification form if they work one single day. They are required to provide it to the worker at the end of the workday.
If they don’t provide this form, they could be fined $500 per violation.
The protections in this law are for “temporary laborers.” Every person who works for a temporary help service firm is not a “temporary laborer” covered by the protections of this law. The law only applies to those who are placed in a temporary assignment by a temporary help service firm to perform work in one of the following occupational categories as designated by the Bureau of Labor Statistics of the United States Department of Labor:
- 33-9000 Other Protective Service Workers;
- 35-0000 Food Preparation and Serving Related Occupations;
- 37-0000 Building and Grounds Cleaning and Maintenance Occupations;
- 39-0000 Personal Care and Service Occupations;
- 47-2060 Construction Laborers;
- 47-30000 Helpers, Construction Trades;
- 49-0000 Installation, Maintenance, and Repair Occupations;
- 51-0000 Production Occupations;
- 53-0000 Transportation and Material Moving Occupations
Following is a link to the U.S. Bureau of Labor Statistics website where one can view a list of the specific jobs that are covered under each of the occupational categories listed above: https://www.bls.gov/oes/current/oes_stru.htm.
The law covers all “temporary help service firms.” That term is defined in the law to mean, “any person or entity 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 workloads, and who, in addition to the payment of wages and salaries to the employed individuals, pays federal social security taxes and State and federal unemployment insurance; carries workers’ 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.”
Different parts of the law go into effect on different dates.
The following requirements of the law go into effect on May 7, 2023:
(1) At the time of dispatch to each assignment, a temporary help service firm must provide to each temporary laborer a statement containing information like the name, address and telephone number of the temporary help service firm, the worksite employer or third party client of the temporary help service firm, and the temporary help service firm’s workers’ compensation carrier; the name and nature of the work, the wages offered, the terms of transportation offered to the temporary laborer, a description of the position and whether it will require any special clothing, protective equipment or training, whether a meal will be provided by the temporary help service form or the third party client and the cost of the meal, the length of the assignment, for multi-day assignments, the schedule of the assignment, and a description of the temporary laborer’s right to earned sick leave under the NJ Earned Sick Leave Law. The Department of Labor and Workforce Development has on its website the form of the statement to be used by temporary help service firms. For the MW-23 form, click here.
If the temporary laborer is assigned to the same assignment for more than one day, the temporary help service firm is only required to provide the statement to the temporary laborer on the first day of the assignment and on any day that any of the terms listed on the statement are changed.
(2) In the event of a change in the schedule, shift or location of a multi-day assignment, the temporary help service firm must provide notice to the temporary laborer not less than 48 hours notice in advance of the change when providing such notice is possible.
(3) If the temporary laborer is not placed with a third-party client or otherwise contracted to work for that day, the temporary help service firm is required to provide the temporary laborer upon request of the temporary laborer a conformation that the temporary laborer sought work. The confirmation must be signed by an employee of the temporary help service firm and shall include the name of the firm, the name and address of the temporary laborer, and the date and the time that the temporary laborer received the confirmation.
(4) No temporary help service firm will be permitted to send any temporary laborer to an assignment where a strike, a lockout, or other labor dispute exists without at the time of dispatch providing the temporary laborer with a statement, in writing, informing the temporary laborer of the existence of the strike, lockout, or other labor dispute and the temporary laborer’s right to refuse the assignment.
(5) Temporary help service firms are required to make all of the information listed in (1) through (4) above, available to its temporary laborers in Spanish or in any other language that is generally understood in the locale of the temporary help service firm.
(6) Temporary help service firms and third-party clients of temporary help service firms, and any agents of temporary help service firms or third-party clients of temporary help service firms, are prohibited from retaliating through discharge or in any other manner against any temporary laborer for exercising any rights granted under the new law, including for making a complaint to a temporary help service firm, to a third-party client, to a co-worker, to a community organization, before a public hearing, or to a State or Federal agency that rights guaranteed under the new law have been violated; for instituting a proceeding under the new law; or for testifying or preparing to testify in an investigation or proceeding under the new law.
All other requirements of the law go into effect on August 5, 2023. Additional information regarding those requirements of the law, which go into effect on August 5, 2023, will be added to these FAQs in the coming months.
Yes, on or before May 7, 2023, the effective date of the new law, the Department will be making that form available at the following page: https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/index.shtml. In the weeks ahead, the Department intends to make that form available in other languages.
However, as the new law makes clear, it is ultimately the responsibility of each temporary help service firm, to “make available, whether through its own employees or the service of a vendor, personnel to effectively communicate the information required in subsections a. and b. of this section (that is, the information listed in (1) through (4) above) to temporary laborers in Spanish or in any other language that is generally understood in the locale of the temporary help service firm.
When the Department determines that any of the requirements of Section 3 of the new law have not been met; that is, the requirements listed in (1) through (5) above, the Department may assess and collect administrative penalties against the temporary help service firm for between $500 and $1,000 for each violation.
When the Department determines that a temporary help service firm has violated the requirements of Section 10 of the new law; that is, the requirements listed in (6) above, it may assess and collect administrative penalties up to a maximum of $250 for a first violation and up to a maximum of $500 for each subsequent violation.
The Department of Labor and Workforce Development is only empowered to collect administrative penalties. However, under Section 11 of the new law, which does not go into effect until August 5, 2023, a temporary laborer who has suffered harm from a violation of the new law may file a lawsuit against the temporary help service firm in Superior Court. In the context of that lawsuit, the temporary laborer may seek money damages for certain violations of the new law and may seek money damages and/or reinstatement if it is found by the court that the temporary help service firm retaliated against the temporary laborer for exercising their rights under the new law.
The section of the new law that contains the certification requirement (N.J.S.A. 34:8D-8) becomes effective on August 5, 2023. These certification provisions are not enforced by NJDOL, they are enforced by the Division of Consumer Affairs, within the State Department of Law and Public Safety. See their Regulated Business Section webpage for contact information.
You may access the law and details of the provisions that go into effect on August 5 at the following webpage: nj.gov/labor/tempworkers.
It depends. Every temporary laborer employed by a temporary help service firm that is located, operates, or transacts business within New Jersey, who is assigned to work in a designated classification placement within New Jersey is entitled to the rights and protections enumerated in the new law. However, when the temporary laborer employed by a temporary help service firm that is located, operates, or transacts business within New Jersey is assigned to work in a designated classification placement outside of New Jersey, the temporary laborer is entitled to the rights and protections enumerated in the law only if the temporary laborer’s primary residence is in New Jersey. This interpretation of the law is reflected in the Department’s rules, which can be found here.
No, the firm may not use its own form. Under the new law, the firm must use the form “approved by the Commissioner.” Form MW-23, the “Temporary Laborer Assignment Notification” form is the only form that has been approved by the Commissioner. The Commissioner does not intend to accept applications from temporary help service firms for approval of their individual forms. Rather, the Commissioner, through the Department, will be publishing a single “approved” form, which may be amended from time to time. The Commissioner may also, over time, offer that single approved form in multiple formats, such as a printable pdf, a fillable and printable pdf, or other formats as technology and resources permit.
The temporary help service firm should be as specific as possible here and elsewhere on the form. If that means inquiring of the third-party client in advance of the assignment regarding details about which the firm had not previously inquired, then the firm should adjust its practices to make a good faith effort at compliance. For example, the firm may not previously have made pre-assignment inquiries of the third-party client whether weekend work might be necessary. Now, perhaps the firm should ask that question up front and if the firm receives an affirmative response, then the firm should indicate this in the box on the form for “Schedule and duration (if known) of the temporary laborer assignment;” for example, if the third-party client indicates that the assignment will be for a period of one month, Monday through Friday, 8 a.m. to 4:00 p.m., and that weekend work may be necessary, then the firm should include all of that information on the form. The purpose of the form is to provide as much relevant information to the temporary laborer regarding the assignment as is possible, so that the temporary laborer may plan accordingly and/or make an informed decision as to whether they are able to fulfill the requirements of the assignment.
The new law expressly states, and the form reflects, that the length of the assignment must only be provided “if known.” If the firm truly does not know the length of the assignment, then the firm is not required to specify the length of assignment on the form.
However, if the reason the length of the assignment is not known is simply that the firm has not inquired of the third-party client as to the length of the assignment, then to make a good faith effort at compliance, the firm should inquire. If after inquiring, the firm still does not know the length of the assignment, then, again, the firm is not required to specify the length of the assignment on the form if it is not known.
Yes, a certification, like an OSHA forklift certification, should be listed on the form where it provides a space to indicate whether any licenses are required. As indicated earlier, among the purposes of the form is to fully inform the temporary laborer about the requirements of the assignment and to facilitate informed decision making by the temporary laborer. When the law and the form refer to licensure, that includes any formal licensure or certification that the individual might need to engage in an occupation or an occupational activity that is among the requirements for the assignment.
The new law expressly lists each of these two items as separate elements of the required assignment notification form. Thus, we must assume that they are not the same thing. In the Department’s view, the “name and nature of the work” would be a more general characterization of the type of work, whereas a “description of the position” would be a more detailed description of the job, including the duties to be performed. For example, if the assignment is to work as a line cook in a corporate cafeteria, the name and nature of the work might be food preparation, industrial; whereas a description of the position might be line cook in the cafeteria for XYZ Corporation; duties include prep work, cooking on the line, and related activities.
The section of the new law that contains the certification requirement (N.J.S.A. 34:8D-8) becomes effective on August 5, 2023. These certification provisions are not enforced by NJDOL, they are enforced by the Division of Consumer Affairs, within the State Department of Law and Public Safety. See their Regulated Business Section webpage for contact information.
The section of the new law that contains the surety bond requirement, which is the same section of the law that contains the certification requirement (N.J.S.A. 34:8D-8) becomes effective on August 5, 2023. These certification provisions are not enforced by NJDOL, they are enforced by the Division of Consumer Affairs, within the State Department of Law and Public Safety. See their Regulated Business Section webpage for contact information.
The new law requires the temporary help service firm to provide a temporary laborer the completed assignment form at the time of dispatch “in a manner appropriate to whether the assignment is accepted at the temporary help service firm’s office, or remotely by telephone, text, email, or other electronic exchange.” The Department interprets this to mean that when the assignment occurs by text, email or other electronic exchange, the firm must provide you with the completed assignment form by text, email, or other electronic exchange. That is, if the temporary help service firm made the assignment remotely by text, email or other electronic exchange, the firm should not require you to travel to their office solely to receive and/or acknowledge receipt of the “Temporary Laborer Assignment Notification” form.
As to whether the temporary help service firm may require a temporary laborer to acknowledge receipt of the assignment form, there is nothing in the law that would prohibit this. In fact, it would be wise for a temporary help service firm to have a record that it has successfully provided each form to each temporary laborer at the time of dispatch, in the event that a complaint is filed and the firm must establish to the satisfaction of an investigator from the Department that they have complied with the law’s requirements.
No, temporary laborers are not required, by law, to keep copies of the completed assignment form for their records. However, it would be wise for temporary laborers to keep a copy of the form in case a dispute later arises with the temporary help service firm or the third-party client regarding the terms of the assignment. The form relays important information about each assignment, such as a description of the position, the worksite location, the wages offered, and the terms of transportation offered.
Effective August 5, the new law does require temporary help service firms to keep the completed forms in their records for six years, and it requires firms to make those records available for review and copying by temporary laborers at no cost. Still, there are always some employers who do not comply with the requirements of the law. So, the Department certainly would recommend that temporary laborers keep records of the completed forms for their own protection.
Temporary workers have the right to report unsafe conditions, and be informed, trained and protected from hazards.
- In New Jersey, federal OSHA enforces health and safety protections for workers in the private sector. You can file a complaint online.
- NJDOL complements federal enforcement with health and safety trainings for both employers and workers. Employers can request training and workers or their advocates can also request training on the workers’ behalf. Click here to learn more.
If you lose your job or work hours through no fault of your own, you may be eligible for benefits. You must have earned a certain amount and be authorized to work in the U.S. Learn more at myunemployment.nj.gov.
You may be eligible for benefits if you cannot work because you must care for your own or a loved one’s illness or injury, recover from pregnancy/childbirth, bond with a new child, or cope with domestic/sexual violence. Learn more about these programs at myleavebenefits.nj.gov. Your job may also be protected.
Workers' Compensation provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses. Learn more at nj.gov/labor/wc.
You cannot be discriminated against based on actual or perceived: race, religion, creed, nationality, sex, pregnancy, breastfeeding, sexual orientation, gender identity or expression, disability, marital status, domestic partnership/civil union status, liability for military service, age, atypical hereditary cellular or blood trait, genetic information, and the refusal to submit to a genetic test or make available to an employer the results of a genetic test. Learn more about the Law Against Discrimination or file a complaint with the NJ Division on Civil Rights.
NJDOL has online and in-person resources where you can browse job openings, take free online courses, and get personalized career support.
Click here for a list of handouts about workers' rights in New Jersey.

File a wage complaint | Presentar un reclamo de salario
If you believe that your employer has not properly paid you, or you have a complaint against an employer for violating a NJ Labor Law enforced by Wage & Hour, file a wage complaint:
To file anonymously, file by mail or fax. Write “ANONYMOUS” in the name section of the complaint form and leave address blank. You won’t receive information about your complaint or be able to check its status.
NJDOL does not ask about citizenship and serves all workers regardless of their immigration status. NJDOL will not share any information, including with immigration agencies, unless required by law or regulations.
For more information, download our brochure that explains the process for filing a wage complaint.
If you are not sure whether the Division of Wage & Hour Compliance will be able to help you with your complaint, email us for help.