Some Important Information About the Temporary Workers’ Bill of Rights

New Jersey is among the states that take protecting workers’ rights seriously. In New Jersey, workers are protected from, among other things, being underpaid, discriminated against, and retaliated against. However, for a long time, some vulnerable workers whose employment arrangements do not meet the legal definition of “employment” have had no legal recourse in the event that they are underpaid, discriminated against, or retaliated against. A new law that was signed in February this year is a significant step for vulnerable workers in New Jersey. A1474, also called the “Temporary Workers’ Bill of Rights,” expands the rights and protections provided to temporary workers in New Jersey. Among the protections that now apply to hundreds of thousands of temporary workers in New Jersey are disclosure requirements, wage requirements, and anti-retaliation provisions. Read on to learn more about A1474.

Who is Protected Under A1474?

A1474 applies to temporary workers that contract for employment with staffing agencies or temporary work firms. The law applies to temporary workers hired to perform work in, among others, the following occupational categories;

  • Personal care and service occupations
  • Transportation and material moving occupations
  • Food preparation and service-related occupations
  • Construction 
  • Personal care and service occupations

Disclosure Requirements

According to A1474, with every new assignment, staffing agencies must give workers written notices that include the following information;

  • The contact information for the agency, the NJ Department of Labor and Workforce Development, and the worksite;
  • The amount of money the worker should expect to receive;
  • A description of the work the worker will be performing;
  • How long the work assignment will last; and
  • Special requirements, such as safety equipment

This provision of A1474 will take effect on May 7, 2023.

Wage Requirements

One key provision to the new law states that temporary workers should receive at least the average amount the third-party employer pays its regular employees for similar work that requires the same skills and involves the same responsibilities and working conditions. This provision will take effect on August 5, 2023.

Additionally, temporary service firms must provide temporary workers with a detailed statement after wages are paid. The statement should include, among other things, the number of hours worked at each third-party employer, the pay rate for each hour worked, and the names, addresses, and contact information of every third-party employment at which the worker worked.

Anti-retaliation Provisions

According to A1474, staffing agencies and their third-party clients are barred from retaliating against workers for exercising rights granted under the Temporary Workers’ Bill of Rights. Terminating a worker within three months of the worker’s exercise of protected activity will establish a rebuttable presumption that the termination was retaliatory.

The following are some examples of protected activity under A1474;

  • Complaining that rights guaranteed by the Bill of Rights have been violated
  • Initiating a proceeding under or related to the Bill of Rights
  • Being a witness or preparing to be a witness in an investigation or investigation under the Bill of Rights

This provision will take effect on May 7, 2023

Contact The Trabosh Law Firm

If you need more information on the New Jersey Temporary Workers’ Bill of Rights or believe an employer has violated your legal rights, contact our experienced New Jersey employment lawyer at The Trabosh Law Firm.