Official Site of The State of New Jersey

The protections in this law are for “temporary laborers.”  Every person who works for a temporary help service firm is not a “temporary laborer” covered by the protections of this law. The law only applies to those who are placed in a temporary assignment by a temporary help service firm to perform work in one of the following occupational categories as designated by the Bureau of Labor Statistics of the United States Department of Labor:

• 33-9000 Other Protective Service Workers;
• 35-0000 Food Preparation and Serving Related Occupations;
• 37-0000 Building and Grounds Cleaning and Maintenance Occupations;
• 39-0000 Personal Care and Service Occupations;
• 47-2060 Construction Laborers;
• 47-30000 Helpers, Construction Trades;
• 49-0000 Installation, Maintenance, and Repair Occupations;
• 51-0000 Production Occupations;
• 53-0000 Transportation and Material Moving Occupations

Following is a link to the U.S. Bureau of Labor Statistics website where one can view a list of the specific jobs that are covered under each of the occupational categories listed above: https://www.bls.gov/oes/current/oes_stru.htm.

The law covers all “temporary help service firms.”  That term is defined in the law to mean, “any person or entity who operates a business which consists of employing individuals directly or indirectly for the purpose of assigning the employed individuals to assist the firm’s customers in the handling of the customers’ temporary, excess or special workloads, and who, in addition to the payment of wages and salaries to the employed individuals, pays federal social security taxes and State and federal unemployment insurance; carries workers’ compensation insurance as required by State law; and sustains responsibility for the actions of the employed individuals while they render services to the firm’s customers.”

Different parts of the law go into effect on different dates. 

The following requirements of the law go into effect on May 7, 2023:

(1) At the time of dispatch to each assignment, a temporary help service firm must provide to each temporary laborer a statement containing information like the name, address and telephone number of the temporary help service firm, the worksite employer or third party client of the temporary help service firm, and the temporary help service firm’s workers’ compensation carrier; the name and nature of the work, the wages offered, the terms of transportation offered to the temporary laborer, a description of the position and whether it will require any special clothing, protective equipment or training, whether a meal will be provided by the temporary help service form or the third party client and the cost of the meal, the length of the assignment, for multi-day assignments, the schedule of the assignment, and a description of the temporary laborer’s right to earned sick leave under the NJ Earned Sick Leave Law.  The Department of Labor and Workforce Development has on its website the form of the statement to be used by temporary help service firms. For the MW-23 form, click here.

If the temporary laborer is assigned to the same assignment for more than one day, the temporary help service firm is only required to provide the statement to the temporary laborer on the first day of the assignment and on any day that any of the terms listed on the statement are changed.

(2) In the event of a change in the schedule, shift or location of a multi-day assignment, the temporary help service firm must provide notice to the temporary laborer not less than 48 hours notice in advance of the change when providing such notice is possible.

(3) If the temporary laborer is not placed with a third-party client or otherwise contracted to work for that day, the temporary help service firm is required to provide the temporary laborer upon request of the temporary laborer a conformation that the temporary laborer sought work.  The confirmation must be signed by an employee of the temporary help service firm and shall include the name of the firm, the name and address of the temporary laborer, and the date and the time that the temporary laborer received the confirmation.

(4) No temporary help service firm will be permitted to send any temporary laborer to an assignment where a strike, a lockout, or other labor dispute exists without at the time of dispatch providing the temporary laborer with a statement, in writing, informing the temporary laborer of the existence of the strike, lockout, or other labor dispute and the temporary laborer’s right to refuse the assignment.

(5) Temporary help service firms are required to make all of the information listed in (1) through (4) above, available to its temporary laborers in Spanish or in any other language that is generally understood in the locale of the temporary help service firm.

(6) Temporary help service firms and third-party clients of temporary help service firms, and any agents of temporary help service firms or third-party clients of temporary help service firms, are prohibited from retaliating through discharge or in any other manner against any temporary laborer for exercising any rights granted under the new law, including for making a complaint to a temporary help service firm, to a third-party client, to a co-worker, to a community organization, before a public hearing, or to a State or Federal agency that rights guaranteed under the new law have been violated; for instituting a proceeding under the new law; or for testifying or preparing to testify in an investigation or proceeding under the new law.

All other requirements of the law go into effect on August 5, 2023. Additional information regarding those requirements of the law, which go into effect on August 5, 2023, will be added to these FAQs in the coming months.

Yes, on or before May 7, 2023, the effective date of the new law, the Department will be making that form available at the following page: https://www.nj.gov/labor/wageandhour/tools-resources/forms-publications/index.shtml. In the weeks ahead, the Department intends to make that form available in other languages. 

However, as the new law makes clear, it is ultimately the responsibility of each temporary help service firm, to “make available, whether through its own employees or the service of a vendor, personnel to effectively communicate the information required in subsections a. and b. of this section (that is, the information listed in (1) through (4) above) to temporary laborers in Spanish or in any other language that is generally understood in the locale of the temporary help service firm.

When the Department determines that any of the requirements of Section 3 of the new law have not been met; that is, the requirements listed in (1) through (5) above, the Department may assess and collect administrative penalties against the temporary help service firm for between $500 and $1,000 for each violation.

When the Department determines that a temporary help service firm has violated the requirements of Section 10 of the new law; that is, the requirements listed in (6) above, it may assess and collect administrative penalties up to a maximum of $250 for a first violation and up to a maximum of $500 for each subsequent violation.

The Department of Labor and Workforce Development is only empowered to collect administrative penalties.  However, under Section 11 of the new law, which does not go into effect until August 5, 2023, a temporary laborer who has suffered harm from a violation of the new law may file a lawsuit against the temporary help service firm in Superior Court.  In the context of that lawsuit, the temporary laborer may seek money damages for certain violations of the new law and may seek money damages and/or reinstatement if it is found by the court that the temporary help service firm retaliated against the temporary laborer for exercising their rights under the new law.

The section of the new law that contains the certification requirement (N.J.S.A. 34:8D-8) becomes effective on August 5, 2023.  These certification provisions are not enforced by NJDOL, they are enforced by the Division of Consumer Affairs, within the State Department of Law and Public Safety. See their Regulated Business Section webpage for contact information.

You may access the law and details of the provisions that go into effect on August 5 at the following webpage: nj.gov/labor/tempworkers.

It depends. Every temporary laborer employed by a temporary help service firm that is located, operates, or transacts business within New Jersey, who is assigned to work in a designated classification placement within New Jersey is entitled to the rights and protections enumerated in the new law. However, when the temporary laborer employed by a temporary help service firm that is located, operates, or transacts business within New Jersey is assigned to work in a designated classification placement outside of New Jersey, the temporary laborer is entitled to the rights and protections enumerated in the law only if the temporary laborer’s primary residence is in New Jersey. This interpretation of the law is reflected in the Department’s rules, which can be found here.

No, the firm may not use its own form.  Under the new law, the firm must use the form “approved by the Commissioner.”  Form MW-23, the “Temporary Laborer Assignment Notification” form is the only form that has been approved by the Commissioner.  The Commissioner does not intend to accept applications from temporary help service firms for approval of their individual forms.  Rather, the Commissioner, through the Department, will be publishing a single “approved” form, which may be amended from time to time. The Commissioner may also, over time, offer that single approved form in multiple formats, such as a printable pdf, a fillable and printable pdf, or other formats as technology and resources permit.

The temporary help service firm should be as specific as possible here and elsewhere on the form. If that means inquiring of the third-party client in advance of the assignment regarding details about which the firm had not previously inquired, then the firm should adjust its practices to make a good faith effort at compliance. For example, the firm may not previously have made pre-assignment inquiries of the third-party client whether weekend work might be necessary.  Now, perhaps the firm should ask that question up front and if the firm receives an affirmative response, then the firm should indicate this in the box on the form for “Schedule and duration (if known) of the temporary laborer assignment;” for example, if the third-party client indicates that the assignment will be for a period of one month, Monday through Friday, 8 a.m. to 4:00 p.m., and that weekend work may be necessary, then the firm should include all of that information on the form.  The purpose of the form is to provide as much relevant information to the temporary laborer regarding the assignment as is possible, so that the temporary laborer may plan accordingly and/or make an informed decision as to whether they are able to fulfill the requirements of the assignment.

The new law expressly states, and the form reflects, that the length of the assignment must only be provided “if known.”  If the firm truly does not know the length of the assignment, then the firm is not required to specify the length of assignment on the form. 

However, if the reason the length of the assignment is not known is simply that the firm has not inquired of the third-party client as to the length of the assignment, then to make a good faith effort at compliance, the firm should inquire.  If after inquiring, the firm still does not know the length of the assignment, then, again, the firm is not required to specify the length of the assignment on the form if it is not known.

Yes, a certification, like an OSHA forklift certification, should be listed on the form where it provides a space to indicate whether any licenses are required.  As indicated earlier, among the purposes of the form is to fully inform the temporary laborer about the requirements of the assignment and to facilitate informed decision making by the temporary laborer. When the law and the form refer to licensure, that includes any formal licensure or certification that the individual might need to engage in an occupation or an occupational activity that is among the requirements for the assignment. 

The new law expressly lists each of these two items as separate elements of the required assignment notification form.  Thus, we must assume that they are not the same thing.  In the Department’s view, the “name and nature of the work” would be a more general characterization of the type of work, whereas a “description of the position” would be a more detailed description of the job, including the duties to be performed. For example, if the assignment is to work as a line cook in a corporate cafeteria, the name and nature of the work might be food preparation, industrial; whereas a description of the position might be line cook in the cafeteria for XYZ Corporation; duties include prep work, cooking on the line, and related activities.

The section of the new law that contains the certification requirement (N.J.S.A. 34:8D-8) becomes effective on August 5, 2023.  These certification provisions are not enforced by NJDOL, they are enforced by the Division of Consumer Affairs, within the State Department of Law and Public Safety. See their Regulated Business Section webpage for contact information.

The section of the new law that contains the surety bond requirement, which is the same section of the law that contains the certification requirement (N.J.S.A. 34:8D-8) becomes effective on August 5, 2023.  These certification provisions are not enforced by NJDOL, they are enforced by the Division of Consumer Affairs, within the State Department of Law and Public Safety. See their Regulated Business Section webpage for contact information.

The new law requires the temporary help service firm to provide a temporary laborer the completed assignment form at the time of dispatch “in a manner appropriate to whether the assignment is accepted at the temporary help service firm’s office, or remotely by telephone, text, email, or other electronic exchange.”  The Department interprets this to mean that when the assignment occurs by text, email or other electronic exchange, the firm must provide you with the completed assignment form by text, email, or other electronic exchange. That is, if the temporary help service firm made the assignment remotely by text, email or other electronic exchange, the firm should not require you to travel to their office solely to receive and/or acknowledge receipt of the “Temporary Laborer Assignment Notification” form.

As to whether the temporary help service firm may require a temporary laborer to acknowledge receipt of the assignment form, there is nothing in the law that would prohibit this. In fact, it would be wise for a temporary help service firm to have a record that it has successfully provided each form to each temporary laborer at the time of dispatch, in the event that a complaint is filed and the firm must establish to the satisfaction of an investigator from the Department that they have complied with the law’s requirements.

No, temporary laborers are not required, by law, to keep copies of the completed assignment form for their records. However, it would be wise for temporary laborers to keep a copy of the form in case a dispute later arises with the temporary help service firm or the third-party client regarding the terms of the assignment. The form relays important information about each assignment, such as a description of the position, the worksite location, the wages offered, and the terms of transportation offered.

Effective August 5, the new law does require temporary help service firms to keep the completed forms in their records for six years, and it requires firms to make those records available for review and copying by temporary laborers at no cost. Still, there are always some employers who do not comply with the requirements of the law. So, the Department certainly would recommend that temporary laborers keep records of the completed forms for their own protection.

The following rights under the NJ Wage and Hour Law apply to temporary workers. For more details, see myworkrights.nj.gov. Employers who violate the law or retaliate against temporary workers for exercising their rights can face fines and penalties.

Minimum Wage

You are entitled to regular wage payments at the rate of at least the state minimum wage, and the rate agreed to at the time of hire.

With limited exceptions, you are entitled to 1.5 times your hourly rate of pay for hours worked over 40 hours per week. 

Example: If you are paid $20 an hour regularly, then you must be paid $30 an hour (1.5 x $20) for every hour you work over 40 hours each week.

Learn about overtime exemptions here.

Regular Paydays

The temporary help service firm must pay you:

• (1) regularly, (2) at least twice a month and (3) no more than 10 days after the end of the pay period.

By the next scheduled payday after your employment ends.

You may request to be paid biweekly, and via cash, check or direct deposit.

Payment Method

The temporary help service firm cannot force you to be paid via direct deposit. You can request to be paid by check or in cash. You must receive a paystub, no matter how you are paid.

Paid Sick Leave

Most workers are entitled to up to 40 hours of Earned Sick Leave under NJ law. The temporary help service firm can decide to provide 40 hours up front or worker accrues at 1 hour per 30 hours worked. The firm must pay you when you use any NJ Earned Sick Leave to which you are entitled. They are required to pay you in the same or next pay period, and the pay must come with your regular paycheck or another method that can be deposited or cashed easily. Learn more at mysickdays.nj.gov.

If you believe that your employer has not properly paid you, or you have a complaint against an employer for violating a law enforced by NJ Division of Wage and Hour Compliance, file a wage complaint:

• Online through our secure system
• En línea con nuestro sistema seguro (en español)
• By mail or fax

Temporary help service firms are required to carry Workers’ Compensation insurance.

Workers' Compensation provides medical treatment, wage replacement, and permanent disability compensation to employees who suffer job-related injuries or illnesses, as well as death benefits to dependents of workers who have died as a result of their employment.

Click here to learn more about Worker’s Compensation and lawyer referral services.

You may also wish to consult a workers' compensation attorney.

Misclassification is the practice of employers improperly classifying workers as independent contractors or not properly classifying them as employees.

If you are misclassified as an independent contractor or paid cash off the books, you’re not at fault, but you could be deprived of work rights and other benefits.

Misclassified employees may be entitled to financial compensation. Learn more here.

NJDOL is committed to equal enforcement of the law for all New Jerseyans, regardless of immigration status. Depending on a worker’s particular situation, NJDOL may be able to offer the following:

• U/T Visa Certifications – NJDOL will consider issuing a certification in support of a U/T visa application for victims of qualifying crimes and trafficking. The applicant must allege a credible violation of a qualifying crime and one of the laws enforced by our agency and be willing to support the ongoing investigation. More information can be found here.

• Statements of Interest to federal Department of Homeland Security (DHS) in Support of Deferred Action Application – NJDOL will consider issuing a Statement of Interest where:

• • • a complaint is filed with NJDOL’s Wage and Hour Division, and an investigation/enforcement action is ongoing; and
    • workers are experiencing real or perceived immigration-related threats which might (1) prevent them from coming forward to NJDOL with information that might assist in a NJDOL investigation and (2) impede NJDOL’s enforcement efforts.

More information can be found at https://www.dhs.gov/enforcement-labor-and-employment-laws.

Important: NJDOL cannot act as your personal lawyer and/or advise you on whether these options are appropriate given your immigration status and particular situation. We strongly encourage you to seek immigration law advice before deciding whether to request a Statement of Interest from NJDOL. For a list of pro bono legal service providers visit: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers (select New Jersey on the map). An outcome for any individual worker cannot be guaranteed; each worker should consider seeking counsel to better understand the individual implications of submitting a request for deferred action to DHS.

For questions or more information email immigration-relief@dol.nj.gov.

• Health and Safety: Temporary workers have the right to report unsafe conditions, and be informed, trained and protected from hazards.
  • In New Jersey, federal OSHA enforces health and safety protections for workers in the private sector. Complaints can be filed at https://www.osha.gov/workers/file-complaint.
  • NJDOL complements federal enforcement with health and safety trainings for both employers and workers. Employers can request training and workers or their advocates can also request training on the workers’ behalf. Learn more at https://www.nj.gov/labor/safetyandhealth/consultations-trainings/private-sector-safety-health-consultations/.
    
    
• Unemployment Insurance: if you lose your job or work hours through no fault of your own. You must have earned a certain amount and be authorized to work in the U.S. Learn more at myunemployment.nj.gov.
  
  
• NJ Paid Family and Medical Leave: if you cannot work because you must care for your own or a loved one’s illness or injury, recover from pregnancy/childbirth, bond with a new child, or cope with domestic/sexual violence. Learn more about these programs at myleavebenefits.nj.gov.
  
  
• Job-protected family leave: to care for a family member, or someone who is the equivalent of a family member, with a serious health condition or bond with a child. Learn more about the NJ Family Leave Act at njcivilrights.gov.
  
  
• You cannot be discriminated against  based on actual or perceived: race, religion, creed, nationality, sex, pregnancy, breastfeeding, sexual orientation, gender identity or expression,  disability, marital status, domestic partnership/civil union status, liability for military service, age, atypical hereditary cellular or blood trait, genetic information, and the refusal to submit to a genetic test or make available to an employer the results of a genetic test. Learn more about the Law Against Discrimination or file a complaint with the NJ Division on Civil Rights.
  
  
• Career Services: Browse job openings, take free online courses, and get personalized career support at https://www.nj.gov/labor/career-services/.

Know your NJ Work Rights: Temporary Workers:

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• Cantonese
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