Act I: Parts of New Jersey Temporary Worker Bill of Rights Go Into Effect

Seyfarth Synopsis: New Jersey enacted first-of-its-kind legislation imposing onerous requirements on temporary help service firms in the Garden State. Effective May 7, 2023, the notice and retaliation provisions of the New Jersey Temporary Worker Bill of Rights are in-effect. The remaining provisions are enforceable starting August 5, 2023. Temporary help service firms should review the Law to determine if their placements fall within the fledgling Law’s scope.

As discussed in our previous article, this past February Governor Murphy signed  A.B. 1474/S. 511 into law. That new Law, coined the New Jersey Temporary Worker Bill of Rights, imposed significant new requirements on “temporary help service firms” that assist customers in handling temporary, excess or special work loads by providing workers in “designated classification placement[s].” The Law defines “designated classification placement” by reference to certain occupational categories listed by the United States Bureau of Labor Statistics’ Standard of Occupational Classification.

Among the several notable provisions contained in the nascent Law, there is a requirement that temporary help service firms provide detailed notices to temporary laborers working in a designated classification placement. As of May 7, 2023, the notice provision is now in-effect. The notice must include:

1. The name of the temporary laborer;
2. The name, address, and telephone number of:
   • The temporary help service firm, or the contact information of the firm’s agent facilitating the placement;
   • Its workers’ compensation carrier;
   • The worksite employer or third-party client; and
   • The Department of Labor and Workforce Development;
3. The name and nature of the work to be performed;
4. The wages offered;
5. The name and address of the assigned worksite of each temporary laborer;
6. The terms of transportation offered to the temporary laborer, if applicable;
7. A description of the position and whether it shall require any special clothing, protective equipment, and training, and what training and clothing will be provided by the temporary help service firm or the third-party client; and any licenses and any costs charged to the employee for supplies or training;
8. Whether a meal or equipment, or both, are provided, either by the temporary help service firm or the third-party client, and the cost of the meal and equipment, if any;
9. For multi-day assignments, the schedule;
10. The length of the assignment, if known; and
11. The amount of sick leave to which temporary workers are entitled

The New Jersey Department of Labor and Workforce Development released a form that states “the Temporary Help Service Firm must give this completed form to each Temporary Laborer upon assignment to a temporary position” (emphasis added). The form also indicates a new version will be available in August.

Failure to provide the requisite notice may result in stiff penalties. According to the Law, any temporary help service firm that makes designated classification placements and fails to provide notice shall be subject to a civil penalty of not less than $500 and not to exceed $1,000 for each violation.

Additionally, the Law’s retaliation provision is now in-effect. That provision makes it unlawful for any temporary help service firm or third-party client to retaliate through discharge or in any other manner against any temporary laborer in a designated classification placement for exercising any rights granted under the new Law. Any disciplinary action by a temporary help service firm against a temporary laborer in a designated classification placement within 90 days of the person's protected activity would create a rebuttable presumption that the action was taken in retaliation for exercising rights guaranteed under the Law.

Recently, an industry group commenced an action challenging the statute on a variety of bases.  To the extent there are any relevant developments, we will pass them along. 

Seyfarth Shaw maintains a deep bench of New Jersey admitted labor & employment attorneys. Please reach out to your Seyfarth contact for further guidance.