Under the law, a temporary worker is anyone who contracts employment with a temporary help service firm. It excludes agricultural crew leaders, secretaries, or administrative assistants. Still, it does apply to a wide range of other occupations, including workers who perform grounds cleaning and maintenance, personal care and service, and construction. A temporary help service firm is any individual or entity that operates a business employing individuals directly or indirectly for the purpose of assigning the employed individuals to assist the firm’s customers in handling their temporary, excess, or special workloads.
Written Wage Notices
Effective May 7, 2023, detailed written wage notices must be provided in English or the primary language of the temporary worker. The notices must include:
1) Name of the worker
2) The contact information of the temporary help service firm, its workers’ compensation carrier, the third-party client, and New Jersey’s Department of Labor and Workforce Development
3) The name and nature of the work to be performed
4) Wages earned by the temporary worker
5) Name and address of the assigned worksite
6) Transportation offered, if applicable
7) Description of the position and whether it requires special clothing, equipment, training, or licenses, as well as whether these costs will be charged to the employee
8) Meals and equipment provided or their costs
9) Schedule of multi-day assignments
10) Length of assignment
11) Amount of sick leave and instructions for use under New Jersey’s Earned Sick Leave Laws
Also effective May 7, 2023, are the law’s anti-retaliation protections.
Neither a temporary help service nor its third-party client can retaliate against a temporary worker for exercising their rights under the law.
Any adverse action occurring within 90 days of a temporary worker exercising their rights is presumed to be retaliation. A successful retaliation claim could result in equitable relief, liquidated damages equal to $20,000 per incident, reinstatement, and attorneys’ fees and costs.
Rate of Pay for Temporary Workers
Beginning on August 5, 2023, temporary workers must be paid the same average rate of pay as a regular employee of the third-party client performing substantially similar work. This includes the average cost of benefits or its cash equivalent. If there is no work available at the assigned worksite, the temporary help service firm must pay a minimum of four hours of pay at the agreed-upon rate. Paycheck stubs also must include an itemized statement with:
1) Contact information of each third-party client worked for during the pay period
2) Rate of payment for each hour worked
3) Total pay period earnings
4) Amount of each deduction made, including why the deduction was made
Deductions for transportation, background checks, including drug testing, and paycheck cashing fees are prohibited. Costs for meals and equipment can be deducted but must not cause the hourly wage to fall below the minimum wage. In addition, there must be prior written authorization from the temporary worker for reasonable market value deductions of equipment.
Temporary help service firms must keep the contact information and contracts of third-party clients and copies of all employment notices for six years. Third-party clients also have an obligation to provide the following pieces of information to the temporary help service firm under threat of civil penalty:
1) The name and address of the temporary worker
2) The specific location of performed work
3) The type of work performed
4) Amount of hours worked
5) Hourly rate of pay
6) Date sent
All aspects of the law include a private right of action for violations that can be pursued against the temporary help service firm and the third-party client. There is also a provision for class action lawsuits. The statute of limitations is six years from the last date of employment.