NJ Temporary Workers’ Bill of Rights
1. What is the New Jersey Temporary Workers’ Bill of Rights? The New Jersey Temporary Workers’ Bill of Rights is a law designed to provide essential protections for temporary workers in New Jersey. This includes rights related to wages, working conditions, and freedom from discrimination. It imposes new requirements on temporary staffing firms and the businesses utilizing certain temporary workers. It was passed by the New Jersey Legislature and signed by Governor Murphy in 2023.
2. Who is covered under this law? This law covers temporary workers in certain occupations in New Jersey. It covers staffing agencies who provide temporary workers to businesses, and the businesses (which the law calls “third party clients”) who utilize the temporary workers for their business.
3. Who are employers under the New Jersey Temporary Workers’ Bill of Rights? Both temporary staffing agencies and the businesses (third party clients) themselves are considered employers.
4. What employees are covered under the New Jersey Temporary Workers’ Bill of Rights? Only certain employees are covered under the New Jersey Temporary Workers’ Bill of Rights. These are temporary employees assigned to “designated classification placements.” The New Jersey Temporary Workers’ Bill of Rights defines “Designated classification placement” as the assignment of temporary workers in occupational categories defined by the Bureau of Labor Statistics as “Food Preparation and Serving Related Occupations;” “Other Protective Service Workers;” “Building and Grounds Cleaning and Maintenance Occupations;” “Service Occupations;” “Personal Care;” “Construction Laborers;” “Helpers, Construction Trades;” “Installation, Maintenance, and Repair Occupations;” “Production Occupations;” “Transportation and Material Moving Occupations; or successor categories.
5. What are the key protections offered by the New Jersey Temporary Workers’ Bill of Rights? The law offers numerous protections, such as clear wage disclosures, timely wage payments, safe and healthy working conditions, and the right to be free from discrimination and retaliation. Most important, covered temporary workers must be paid the same and receive the same benefits as permanent employees in the same occupations at the business at which they are placed.
6. What obligations do “employers” have under the New Jersey Temporary Workers’ Bill of Rights? Employers are required to provide equal pay, clear wage disclosures, pay wages on time, maintain safe and healthy working conditions, and refrain from discriminatory and retaliatory practices.
7. What can a worker do if they believe their rights have been violated under the New Jersey Temporary Workers’ Bill of Rights? Temporary workers can file a complaint with the New Jersey Department of Labor and Workforce Development, file a lawsuit in the Superior Court of New Jersey, or consult with a New Jersey employment lawyer to explore their options. The statute of limitations is six years, but it is unlikely that the courts would apply the law retroactively before 2023, but no court has decided that question yet.
8. What damages can an employee recover in a lawsuit for violation of the New Jersey Temporary Workers’ Bill of Rights? An employee may recover compensatory damages, including lost pay, or liquidated damages of $20,000, whichever is greater. This means the minimum damages for a successful employee is $20,000. The law also provides that successful employees may recover their attorneys fees. While the law is silent about whether punitive damages are allowed, it is likely that they would be allowed under the New Jersey Punitive Damages Act.
9. Who is responsible for violations of the New Jersey Temporary Workers’ Bill of Rights? Both the temporary staffing agency and the business utilizing the temporary worker are responsible for violations. Liability is “joint and several,” meaning both are equally responsible for the entire amount owed for the violation, and an employee may sue one or both and recover the entire amount from either. This is important if either the temporary staffing agency or business/third party client go out of business or otherwise can’t pay.
10. Can an employer retaliate against a worker for asserting their rights under this law? No, the law prohibits employers from retaliating against workers for asserting their rights. Retaliation opens “employers” up to damages and fines.
11. Are there penalties for employers who violate the New Jersey Temporary Workers’ Bill of Rights? Yes, employers who violate this law may face penalties, including fines and other sanctions. The fines can be hefty, and cumulative. They may also be sued.
12. How does this law affect temporary staffing agencies? Temporary staffing agencies are considered employers under this law and are required to comply with all of its provisions.
13. Are there any bonding requirements? Yes, temporary staffing agencies are required to post a surety bond of at least $200,000 for unpaid wages or other covered employee damages, and to provide a copy to the New Jersey Division of Consumer Affairs.
14. What remedies are available to workers whose rights have been violated? Workers may be entitled to recover unpaid wages, damages for any harm suffered, and in some cases, attorney’s fees.
15. Are there registration requirements under the New Jersey Temporary Workers’ Bill of Rights? Yes. Temporary staffing agencies must register with the New Jersey Division of Consumer Affairs, and businesses/third party clients must verify this registration before accepting placement of any covered temporary workers.
16. Can a temporary staffing firm prohibit full-time employment of a placed temporary worker? No. The New Jersey Temporary Workers’ Bill of Rights prohibits temporary staffing firms from prohibiting third party clients from hiring temporary workers placed with them for full-time employment. However, the law does allow the temporary staffing agency to charge a placement fee of up to 60 days wages.
17. Where can I find more information about this law? If you require legal assistance, you can contact McLaughlin & Nardi, LLC at (973) 890-0004 or by filling out the contact form on this page to schedule a consultation with one of our New Jersey employment attorneys.