Service Employees: Rights and Protections
If you are covered under the New Jersey Service Employee Retention Law (P.L. 2023, c. 128.), you have the following rights:
- When your employer loses a service contract, you have the right, with certain exceptions, to be hired by the successor to the service contract for the first 60 days that it begins to provide services at your current worksite.
- During this 60-day period, you cannot be fired without just cause.
The New Jersey Service Employee Retention Law is viewable pending publication here.
Following is a link to the form that the successor employer must use to offer employment to affected service employees.
If you believe that you have been fired or laid off in violation of the Service Employee Retention Law, you have the right to file a private lawsuit in court and, if successful, the court may order your reinstatement, and you may be awarded back pay, reinstatement, liquidated damages, attorney's fees and court costs. Information about how to file a private lawsuit can be found here.
Please note that the Service Employee Retention Law is not enforced by the New Jersey Department of Labor and Workforce Development (NJDOL). The Department’s only role under the law is to translate the offer of employment form into the five most common languages spoken in New Jersey other than English.
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.