Sheila Oliver Was Early Champion Of NJ ‘Temp Worker Bill Of Rights’

NEW JERSEY — A state law that beefs up job protections for “temporary workers” in New Jersey has a strong link to recently deceased Lt. Gov. Sheila Oliver.

Oliver – an Essex County native who died last week and is being laid to rest on Aug. 12 in Newark – got to see the bill now known as the “Temp Worker Bill of Rights” cross the finish line earlier this year. She introduced the original version of the bill in 2016 while serving as an assemblywoman in the state Legislature.

The new law beefs up job protections for an estimated 127,000 temporary workers in the state, many of whom work in the rapidly growing warehouse industry. It will impact temp agencies that hire workers and multi-national corporations that use those agencies – a concern that has seen vocal protest from pro-business groups (and a recent court challenge).

Gov. Phil Murphy signed the bill in February after conditionally vetoing a previous version. Parts of the Temp Workers’ Bill of Rights went into effect in May, with the remainder becoming active on Aug. 5. Read More: New Rights Coming For NJ Temp Workers (See The List)

“Many of the job seekers looking for work at temp agencies go there because they are desperate for a chance to put food on the table and keep a roof over their heads,” Oliver said when she introduced the first version of the bill.

“It is utterly despicable that certain employers prey on that vulnerability and abuse men and women who work hard to make ends meet,” Oliver continued. “New Jersey’s temp industry is rife with gender discrimination, workplace hazards and overall disregard for the safety and well-being of workers – some of whom, although they are ‘temporary’ employees, endure these conditions for years.”

“This simply cannot be tolerated,” she added.

• See Related: 'Unfair And Humiliating': NJ Temp Workers Deserve More, Advocates Say

It would be nearly seven years before the vision that Oliver introduced into the Legislature became a reality. But labor advocates and temp workers in New Jersey haven’t forgotten her efforts.

During a news conference held Monday to spotlight the new law, activists invoked Oliver’s name while laying out the new rights that temp workers have in New Jersey.

Advocacy group Make the Road NJ said its members will be hosting a series of actions throughout the week across different cities in New Jersey to raise awareness about the new law. People can text “TEMP” to 52886 for more information.

“As a temp worker for more than 10 years, I've been a victim of wage theft and have seen my coworkers retaliate against them when they speak up,” said Adriana Alvarez, one of many “perma-temps” across the state who will benefit from the new law.

Too many family members and friends have been lost to unsafe conditions in the industry, Alvarez said.

“The Temp Workers' Bill of Rights law will finally require these agencies to take responsibility for the abuses and exploitation of essential temp workers,” Alvarez said.

• See Related: NJ Temp Workers Say Tragic Car Crash Shows Urgent Need For Change
• See Related: 22 Employment Firms Will Pay $62K After Settlement, NJ AG Says

According to Make the Road NJ, here’s a list of the new rights that temp workers have in New Jersey.

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.”

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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