Workforce Bulletin

We previously reported that the New Jersey Department of Labor and Workforce Development (“NJDOL”) issued proposed regulations to implement New Jersey’s Temporary Workers’ Bill of Rights (the “Act”), including its pay equity requirement. On September 16, 2024, the NJDOL adopted N.J.A.C. 12:72 (the “Regulations”) implementing sections 1 through 7, and 10 of the Act, pertaining to “workplace protections, as well as temporary help service firm and third-party client responsibilities.” The key provisions are summarized below.

Pay Equity Requirement

Significantly, the Regulations provide a formula for calculating the minimum hourly rate of pay for temporary workers, which under the Act is determined by “the average rate of pay and average cost of benefits” of comparator employees, i.e., employees of the third-party client who perform:

the same or substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions for the third-party client at the time the temporary laborer is assigned to work at the third-party client.

On May 8, 2023 the New Jersey Department of  Labor and Workforce Development (“NJDOL”) announced that it has created a web page to highlight key provisions and provide guidance for compliance with the recently enacted Temporary Workers’ Bill of Rights (the “Law”). As we previously discussed, the Law creates notification requirements for temporary help service firms when placing a temporary laborer at a worksite, prohibits retaliation against a temporary laborer for exercising his or her rights under the Law, and requires equal pay and benefits for temporary laborers performing the same or substantially similar job functions as employees of the third party contracting employer at each worksite. Although the bulk of the Law’s provisions do not take effect until August 5, 2023, the notification and prohibition on retaliation provisions are effective as of May 7, 2023.

The web page provides an overview of the Law and a set of Frequently Asked Questions (“FAQs”) covering the Law’s key provisions. The FAQs discuss which provisions went into effect on May 7 and summarizes those set to take place August 5, noting that additional guidance will be published in the coming months.

As featured in #WorkforceWednesday:  This week, we’re showcasing the National Labor Relations Board (NLRB) General Counsel’s memo on non-disparagement and confidentiality provisions in severance agreements, Illinois’ new law permitting Illinois employees to take paid leave “for any reason,” and New Jersey’s upcoming implementation of the “Temporary Workers’ Bill of Rights.”

I recently authored Epstein Becker Green’s March issue of Take 5 in which I outline actionable steps that employers can take to improve safety and avoid costly OSHA citations.

Following is an excerpt:

The Occupational Safety and Health Administration (“OSHA”) was created by Congress to ensure safe and healthful working conditions for employees. OSHA establishes standards and provides training and compliance assistance. It also enforces its standards with investigations and citations.

Although it’s impossible for employers to mitigate against every ...