New Rights Coming For NJ Temp Workers: See The List

NEW JERSEY — Starting this summer, temporary workers in New Jersey will gain a valuable new right: equal pay with “permanent” employees. And that’s just the tip of the iceberg, advocates say.

In February, Gov. Phil Murphy signed the Temporary Workers Bill of Rights into law, beefing up job protections for an estimated 127,000 temporary workers in the state, many of whom work in the rapidly growing warehouse industry.

The legislation saw harsh criticism from business groups and temp agencies, who argued that it will be a huge drain on employers – potentially impacting the number of available jobs – and could force businesses to move to other states due to the increased cost.

However, labor advocates and workers have argued that more regulations are desperately needed in an industry that is rife with low pay, discrimination, wage violations, a lack of health benefits, uncertain schedules and serious safety risks.

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Earlier this month, a coalition of workers rights groups gathered to celebrate the new law and offer a breakdown of how it will play out in New Jersey (watch a video here).

It was a bittersweet occasion for Janeth Caicedo, whose brother, Edilberto, was crushed to death while working at a Kearny warehouse in 2019. He was employed by an unlicensed staffing agency at the time of his death, advocates claim.

“Like my brother, temp workers work in one of the most abusive sectors in New Jersey,” Caicedo said. “They performed essential work without vacation, without health insurance, without basic safety protections and many face discrimination and retaliation from their employers.”

“Now, working class families won’t fear their loved ones will be hurt in the job or get fired from their jobsite if they speak out against injustices,” Caicedo said.

THE LAW: WHAT TO KNOW

The law applies to staffing agencies and client firms who employ temporary laborers in any of the following U.S. Bureau of Labor Statistics categories: protective service workers; food preparation and serving related occupations; building and grounds cleaning and maintenance occupations; personal care and service occupations; construction laborers; helpers, construction trades; installation, maintenance, and repair occupations; production occupations; transportation and material moving occupations (includes many warehouse workers such as packers, packagers, stockers and order fillers).

Employees who are not covered by the law include health care workers, agricultural crew workers, office/clerical/IT, professional temp workers, and temporary workers employed in the public sector.

Implementation of the Temporary Workers’ Bill of Rights will take place in two phases, according to Make the Road New Jersey, an advocacy group that helped to push the law over the finish line with the aid of other supporters such as New Labor.

The first phase of the law will take effect on May 7. It will include:

Right to Know – “Workers must be provided a written statement in a language they understand containing: pay rate; the name and nature of the work to be performed and length of the assignment; contact information for their staffing agency, the third-party client and the New Jersey Department of Labor; terms of transportation, and more. Staffing agencies are also prohibited from requiring workers to take assignments where strikes, lockouts, or other labor disputes are taking place under this section.”

Anti-Retaliation – “The law includes a presumption of retaliation for firing and disciplinary action against a temp worker within 90 days of a worker engaging in protected activity, including: making a complaint to the agency, third party client, coworkers, community organization, in a public hearing, or to a state or federal agencies regarding rights under this law, instituting proceedings under this law, or testifying/preparing to testify in an investigation. The law also stiffens penalties for retaliation, and holds the company contracting with the staffing agency liable for violations.”

The second phase of the law will begin on Aug. 5. It will include:

Equal Pay (and Benefits) for Equal Work – “Temp labor will no longer be undervalued or used to drive down conditions for direct-hire workers, as the law requires that temp workers receive the average pay of direct-hire workers that do substantially the same work under similar conditions. ‘Permatemps’ will no longer be denied benefits, as the law will require them to have access to substantially the same benefits of their direct-hire counterparts, or a cash equivalent so they can purchase insurance on their own.”

Right to Accept Permanent Employment – “The law prohibits agencies from preventing a third-party client from hiring a temporary laborer permanently, either through restrictions on the laborer or on the third party client.”

Transportation Safety and Prohibition of Unfair Deductions – “Under the law, staffing agencies will no longer be allowed to charge workers at all for transportation they arrange to worksites, and will require that transportation meet safety standards in order to operate.”

Minimum Pay for Days Not Needed – “The law requires workers contracted for work be given four hours pay if subsequently told they are not needed by a client company that day, and two hours if the agency finds substitute work for them that day.”

Record Keeping, Certification Requirements – “The law requires agencies to keep records related to workers’ pay, assignments, and other information and requires temp agencies to seek certification from the division of consumer affairs. In addition, it makes it a violation of the law for a third-party client to enter into a contract with an uncertified temp agency. The director of the Division of Consumer Affairs is also given new powers to deny, suspend and revoke certification for wrongdoing.”

Civil Actions – “In addition to the Department of Labor and Workforce Development complaint process, workers can file civil actions against agencies and third-party clients for violations of their rights going back six years, and allows the recovery of attorney’s fees and costs.”

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