New Jersey’s Temporary Workers Bill of Rights Now in Effect

New Jersey has enacted landmark legislation that gives temporary workers in the state important new protections and rights, including the right to equal pay and benefits. The law also creates a private right of action that gives temporary workers a powerful remedy to enforce their rights.

The Temporary Workers’ Bill of Rights, which took effect on August 5, 2023, covers temporary workers in a variety of industries, including food preparation and serving, production, personal care and service, construction, transportation and moving, building and grounds cleaning and maintenance, protective service and installation, maintenance and repair.

One of the central provisions of the law requires temporary workers to be paid at least the same average rate of pay and equivalent benefits as permanent employees performing the same or similar work on jobs that require equal skill, effort and responsibility. This means that workers employed by a temp agency can no longer be paid less than their permanent counterparts.

In addition to pay equity, the law provides temporary workers with these other important protections:

• Disclosure of terms of assignment — Employers are now required to provide temporary workers with a written notice detailing the terms and conditions of their assignments, including the expected duration, job responsibilities and compensation.
• Health care and benefits — Temporary workers may now be eligible for healthcare coverage and other benefits, depending on the duration of their assignments and other factors.
• Access to safety training — Temporary workers and permanent employees must receive the same safety training, which is designed to reduce the risk of accidents and injuries on the job.
• Protection from discrimination — The law includes provisions ensuring that temporary workers are not subject to discrimination based on their employment status.
• Protection from retaliation — Employers are prohibited from taking any form of adverse action against temporary workers who assert their rights under the Temporary Workers’ Bill of Rights.

The law also creates a private right of legal action for temporary workers who believe that their rights have been violated. This means that temporary workers can file a lawsuit against their employing agency, or against the company to whom they are assigned, if they believe that they have been discriminated against or retaliated against for exercising their rights under the law.

If you are a temporary worker in New Jersey and believe that your rights have been violated, you can file a complaint with the New Jersey Department of Labor and Workforce Development. You may also initiate a lawsuit with the assistance of an experienced New Jersey employment litigation attorney.

At Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, we have a proven record of success championing the rights of workers in New Jersey. Call us at 551-245-8894 or contact us online for a consultation.