In connection with New Jersey’s new Temporary Workers Bill of Rights law, the New Jersey Department of Labor and Workforce Development (NJ DOL) has published a new assignment disclosure form that temporary service firms must complete and provide to temporary workers upon placement beginning on May 7, 2022.
Quick Hits
- NJ DOL released a new assignment disclosure form for agencies to provide to temporary workers.
- New assignment disclosure requirements for temporary service firms take effect on May 7, 2023.
Notification Form
On April 23, 2023, the NJ DOL issued a new “Temporary Laborer Assignment Notification” that “Temporary Help Service Firms” must complete and provide to each temporary worker “upon assignment to a temporary position.” The completed form provides temporary workers with specifics about the nature of the work, the assigned worksite, and other contact information. The form also details whether meals will be provided, whether equipment or special clothing will be needed, and whether training is provided, among other details.
It appears temporary staffing agencies will need to complete the provided form as opposed to their own forms, even if their forms contain the same information. The new form can be found on the NJ DOL website.
The Temporary Workers Bill of Rights law, which was signed into law on February 6, 2023, by New Jersey Governor Phil Murphy, imposes a number of obligations on temporary service firms, including a requirement that temporary service firms provide various disclosures to temporary workers regarding the nature of their assignments.
In general, the law, A1474/S511, seeks to equalize the compensation of temporary workers with that of regular employees, increase transparency requirements, and restrict placement fees paid to staffing agencies or firms. It specifically applies to temporary workers placed with third-party employers through staffing agencies or temporary work firms in security, restaurant, personal care, cleaning and maintenance, construction, repair, transportation, production, and material moving occupations.
Next Steps
Temporary service firms in New Jersey may want to review their procedures regarding new assignments to temporary workers in light of the need to provide the completed Temporary Laborer Assignment Notification to each temporary worker at the beginning of each new assignment.
The law is set to go into effect on August 5, 2023, but certain provisions, including the requirements to use the new Temporary Laborer Assignment Notification form, go into effect on May 7, 2023.
Ogletree Deakins will continue to monitor developments with respect to this law and will post updates on the firm’s New Jersey blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.
