By: Eva Zelson
On: September 27, 2024
What is New Jersey’s Temporary Workers’ Bill of Rights?
New Jersey’s Temporary Workers’ Bill of Rights was enacted to address systemic issues that temporary workers face, including wage theft, lack of benefits, and poor working conditions. Temporary workers are often hired through staffing agencies for short-term or project-based employment. Unfortunately, temporary workers have been susceptible to exploitation.
The Temporary Workers’ Bill of Rights seeks to change this dynamic by ensuring equal pay for temporary workers compared to permanent employees doing the same job. This bill ensures that workers receive detailed wage statements, and provides them with protections against unlawful deductions, and retaliatory actions by employers or staffing agencies. The law aims to create a fairer and transparent system that protects these workers’ rights.
Who Does the Temporary Workers’ Bill of Rights Apply To?
The protections in this law apply to “temporary laborers” and are defined as those who are placed in a temporary assignment by a temporary help service firm in an occupational category designated by the Bureau of Labor Statistics of the United States Department of Labor. The categories for temporary workers are as follows:
- Food preparation and serving
- Production such as laundry and dry cleaning, food processing, textile and wood workers
- Construction
- Transportation and moving such as drivers, parking attendants, and material moving
- Personal care and service, such as amusement, entertainment, and dressing room attendants
- Building and grounds cleaning and maintenance such as janitors, cleaners and landscaping workers
- Protective service such as security guards and crossing guards
- Installation, maintenance, and repair
What are the Obligations of Employers and Staffing Agencies with Temporary Workers?
One of the main goals of the Temporary Workers’ Bill of Rights is to place clear obligations on employers and staffing agencies to ensure fair treatment for temporary workers. Key obligations include:
- Equal Pay and Benefits: Temporary workers must be paid the same wage rate and receive the same benefits as permanent employees performing similar work. This includes access to health insurance, retirement plans, and paid time off.
- Transparent Wage Statements: Staffing agencies are required to provide workers with detailed wage statements that clearly outline the hours worked, pay rates, and any deductions.
- Prohibition on Unlawful Deductions: Staffing agencies cannot make unauthorized deductions from workers’ pay, such as fees for transportation, background checks, or safety equipment. Deductions must be explicitly authorized by law or agreed upon in advance by the worker.
Anti-Retaliation Protections: Employers and staffing agencies are prohibited from retaliation against workers who file complaints regarding violations of their rights. Workers should feel empowered to report unlawful actions without fear of losing their jobs.
How Will the Temporary Workers’ Bill of Rights be Enforced in New Jersey?
Enforcement of the Temporary Workers’ Bill of Rights falls under the jurisdiction of the New Jersey Department of Labor and Workforce Development (NJDOL). Workers who believe their rights have been violated can file complaints with the NJDOL, which will investigate the matter. This department has the authority to impose fines and penalties on staffing agencies and employers that fail to comply with the law. Additionally, workers can pursue private legal action to recover lost wages or damages for any violations of their rights under this bill.
Tips to Protect Your Rights as a Temporary Worker in New Jersey
For temporary workers in New Jersey, it’s important to understand your rights as an employee and take steps to protect them. Here are a few tips:
- Know Your Wage Rights: Make sure that you are being paid the same as permanent employees doing similar work. If you’re unsure, ask for clarification from your employer or staffing agency and review your wage statements carefully.
- Review Your Wage Statements: Check your wage statements for accuracy, making sure that all hours worked are correctly reported, and no unauthorized deductions have been made.
- Keep Accurate Documentation: Keep an accurate record of your hours worked, wages received, and any communication with your staffing agency or employer. This documentation can be invaluable if you file a complaint or take legal action.
- Report Violations: If you suspect that your rights have been violated, file a complaint with the NJDOL as soon as possible. Be sure to document the violation and any interactions with your employer or staffing agency.
- Consult with a Lawyer: If you face significant challenges in protecting your rights or are unsure about the specifics of the Temporary Workers’ Bill of Rights, it’s advisable to consult with a lawyer who specializes in labor and employment law.
What to Watch for Regarding Temporary Workers’ Rights in New Jersey
As New Jersey works to uphold and enforce the Temporary Workers’ Bill of Rights, it’s important to keep watch for updates or changes to the law. On July 24, 2024, the U.S. Court of Appeals for the Third Circuit found that the state has a legitimate interest in protecting temporary workers as the law determines they deserve the same rights as direct-hire employees. The bill may yet undergo revisions or expansions, potentially extending protections to more workers or new forms of exploitation.
Questions Regarding Temporary Workers’ Rights in New Jersey?
If you believe your rights under New Jersey’s Temporary Workers’ Bill of Rights have been violated or if you have questions, it’s important to take action. Zeff Law Firm specializes in employment law and our experienced attorneys can help you understand your rights and guide you through the legal process to ensure you receive the compensation and treatment you deserve. Contact Zeff Law Firm today for a free consultation.