temporary worker

Temporary Workers’ Rights

By Tom McKinney
NJ Employment Attorney

Summers in New Jersey mean birds chirping, public pools filling, and new temporary work positions opening up all over the state. In February of this year, Governor Murphy signed Bill A1474 into law. This bill, known as the “Temporary Workers’ Bill of Rights,” establishes guidelines for service firms and third-party clients.

The purpose of the Temporary Workers’ Bill of Rights is to ensure that temporary workers have rights to basic protections under the law. If you’re a temporary worker and you believe your rights may have been violated, contact NJ Employment Lawyers today.

What defines a temporary worker?

A temporary job is one that lasts fewer than 12 months. This means that, unlike some other employee groups, temporary workers’ rights after 3 months are the same as they were before 3 months.

The law defines a temporary worker as an individual contractor working with a temporary help service firm. A temporary help service firm is one that assigns workers to assist the firm’s clients in handling temporary workloads.

A legitimate temporary help service firm ensures it:

  • Pays its temporary workers’ wages
  • Bears legal responsibility for temporary workers’ actions
  • Pays federal Social Security taxes and state and federal unemployment insurance
  • Carries workers’ compensation insurance.

These basic protections guard temporary employee rights.

What is the Temporary Workers’ Bill of Rights?

New Jersey is leading the charge to ensure the protection of temporary workers in our state. The purpose of the Temporary Workers’ Bill of Rights is to strengthen and increase those protections.

There are many elements of the bill that you should be aware of if you or a loved one is a temporary worker in New Jersey. Here are a few of the most important:

Equal Compensation

The Temporary Workers’ Bill of Rights establishes that temporary workers have a right to fair compensation from their temporary help service firms. This means that temporary workers must receive the same average rate of pay as a similarly assigned permanent employee of the third-party client.

Anti-Retaliation Rights

According to the bill, after May 7, 2023, it is illegal for third-party clients or temporary help service firms to retaliate or take any action against a temporary worker for exercising their rights under the new bill. Should a temporary worker succeed in making a claim against either third party, they could collect monetary damages.

Record-Keeping Requirements

The Temporary Workers’ Bill of Rights requires temporary help service firms to keep basic records of their third-party clients for at least six years. These records include addresses, contracts, and copies of all employment notices that the third-party client provided to the temporary workers.

Wage Notice Requirements

The wage notice requirements under the Temporary Workers’ Bill of Rights are extensive and comprehensive. Some of these required elements include:

  • The nature of the work that the temporary employee will perform
  • The wages that the temporary employee will receive
  • Whether the position requires any uniform, equipment, or training
  • The schedule for multi-day assignments
  • The sick leave that temporary workers may take during their tenure in the position

The temporary help service firm must also provide timely notice to temporary workers in the language that they identify as their primary language.

Contact a New Jersey Employment Lawyer Today

Temporary workers are an essential part of the workforce in the United States. They deserve the same rights and protections as permanent workers. And with the establishment of the Temporary Workers’ Bill of Rights, temporary workers in New Jersey have more legal protection than ever.

If you are a temporary worker in New Jersey and you suspect that someone has violated your rights, an experienced employment attorney from NJ Employment Lawyers can help you seek justice.

From discrimination to sexual harassment, our dedicated team is committed to protecting the right of all workers in New Jersey to a fair and safe workplace. Contact us today.

About the Author
Tom McKinney is a skilled employment law attorney with New Jersey Employment Lawyers LLC. He has a track record of success in all areas of employment law, including sexual harassment, discrimination, harassment, wrongful discharge, whistleblower claims and hostile work environment claims. Besides litigation, Tom handles severance agreements and severance package reviews/negotiations for over 100 people each year. If you have any questions regarding this blog, contact Tom here.