New Jersey has recently taken a step towards ensuring the protection of certain temporary workers. Governor Phil Murphy has signed the Temporary Workers’ Bill of Rights (the “Act”) into law, which mandates that temporary workers receive the same average compensation rate and benefits as permanent employees. This applies to New Jersey employers who contract one or more covered temporary laborers through a temporary help service firm.

The Act will have a phased implementation, with new hire notice and anti-retaliation provisions coming into effect on May 7, 2023, followed by all other provisions on August 5, 2023.

The Commissioner of Labor and Workforce Development is expected to publish a model wage notice and itemized statement for temporary help service firms. Employers who contract work from temporary laborers, it is recommended to keep an eye out for these model documents (the “model document”).

Moreover, stay alert for model documents: The Commissioner of Labor and Workforce Development is expected to release a model wage notice and itemized statement specifically for temporary help service firms. Keep a lookout for these model documents as they will assist in fulfilling the company obligations under the Act. Prepare to provide any supplementary information requested by the firms the company contracts with to facilitate their compliance.

Prepare Compensation Information: If the company is engaging temporary laborers, be prepared to furnish average compensation and benefits data for the company’s regular non-temporary worksite employees who occupy similar positions. It’s important to note that the Act may result in higher minimum pay requirements for temporary laborers, prompting a review of the company’s contracts, budgets, and associated considerations.

Verify Certification of Temporary Help Service Firms: Before entering into a contract with a temporary help service firm for the provision of temporary laborers, ensure the firm has obtained certification from the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. A comprehensive list of certified firms will be published on the Director’s website, allowing the company to make informed decisions.

Incorporate Notice Requirements: Review the company current practices concerning temporary laborers and integrate the necessary notice requirements when concluding contracts with temporary help service firms. By doing so, it is to ensure the company is in compliance and foster a transparent working relationship.

Collaborate with Temporary Help Service Firms and Seek Legal Counsel: To mitigate risks and ensure compliance with the Act, it is strongly advised to work closely with the temporary help service firms the company engages and consult legal counsel. Given the potential joint and several liability for violations, it is crucial to establish a collaborative approach with the firms and ensure mutual compliance. This means that as a third-party client of a temporary help service firm, the company may be held independently liable for any violations under the Act.

By following these recommended actions, the company can navigate the evolving regulatory landscape and protect the business from potential pitfalls. Stay informed, stay compliant!

Disclaimer: This information is provided for general guidance and should not be considered legal advice. It is always advisable to consult with legal professionals to address specific concerns related to the Act and its implications.