Governor Phil Murphy of New Jersey signed legislation reforming the temporary help service firm industry in the State of New Jersey on February 6, 2023.  According to the language of the legislation, two of its sections take effect after 90 days.  As that 90 day deadline approaches on May 6, 2023, temporary help service firms in New Jersey and their clients should be taking steps to comply.

The first section coming into effect requires the distribution of statements to temporary laborers when they are dispatched to assigned worksites.  The State of New Jersey recently provided a template statement for firms to use.  The statement must contain a variety of information including the name of the employee, contact information for the temporary help service firm, the firm’s worker’s compensation carrier, as well as the third party client.  The statement also must include details about the placement itself such as the nature of the work to be performed, the wages, and employment terms related to transportation, meals and equipment.  Finally, the statement must information about the length of the assignment and work schedule, if known.

Firms must provide these statements to newly hired and assigned employees, as well as existing employees when their employment terms change.

It is important to note that this section does not apply to all temporary laborers, but instead, to  employees working in several designated occupational categories including but not limited to: food preparation; building and grounds cleaning and maintenance; personal care and service occupations; construction laborers; installation, maintenance and repair occupations; production occupations; and transportation and material moving occupations.

In addition to the above notification requirement, temporary help service firms must not assign their workers where a strike, lockout, or other labor dispute exists without informing the workers in writing of the labor dispute at the time of dispatch.

Further, temporary help service firms must, through its own employees or a vendor, provide personnel who can effectively communicate information to all qualifying employees in Spanish “or any other language that is generally understood in the locale of the temporary help service firm.”

Violations of this section are subject to a civil penalty of at least $500 but no more than $1,000 per violation.

The second section coming into effect prohibits temporary help service firms from retaliating against employees for exercising their rights under this law.

Many other provisions of this law are scheduled to take effect in another ninety days.