On August 5, 2023, New Jersey’s Temporary Workers Bill of Rights (TWBR), also known as S511, took full effect, bringing new obligations for temporary service firms and clients that utilize temporary workers.
Staffing Alternatives, NJ’s largest light industrial staffing company, has been following the activity of the bill since it was first introduced in 2021 and has worked diligently with our local and national staffing associations, the NJ Business and Industry Association and others to reduce the burden this bill places on our clients and NJ companies. We have summarized the most important aspects of the bill for you below.
STAFFING SERVICES MUST BE REGISTERED WITH THE NJ DIVISION OF CONSUMER AFFAIRS
All temporary staffing agencies must register with and be approved by the state. A list of approved temporary staffing agencies, as well as suspended and revoked firms, will be published by the New Jersey Commissioner of Labor and Workforce Development. Third party clients must use an approved temporary staffing agency to be in compliance.
STAFFING SERVICES MAY NOT CHARGE THEIR ASSOCIATES FOR TRANSPORTATION
The law states that no temporary staffing agency or third party client , or contractor or agency of either, can charge a fee for transportation. Temporary staffing agencies can only refer associates to either mass transportation or a transportation provider that charges no fee. Temporary staffing agencies cannot require associates to take certain transportation nor refer an associate to a carpool if there is a mention or discussion of cost or require an associate to take a certain carpool as this is considered a referral.
COMPARATOR POSITIONS
Associates in comparator positions are required to be paid the average rate of pay and receive the average cost of benefits (or the cash equivalent) of employees working for the client. The pay needs to be the same if
“performing the same or substantially similar work on the jobs the performance of which requires equal skill, effort and responsibility, and which are performed under the same working conditions” at the time the associate is placed. In addition to Staffing Alternatives potentially being fined for violating this rule, client companies of staffing services will be jointly responsible for any violations.
CLIENT COMPANIES ARE LIABLE FOR STAFFING SERVICES VIOLATIONS
Under the new law, companies that contract with temporary staffing firms will be jointly and severally liable for any violations of the wages and placement fee notice provisions.
Staffing Alternatives has advised NJ’s largest temporary help users on how to best navigate the Temporary
Workers Bill of Rights and how to minimize or eliminate the cost and operational disruption that may occur.
Call Staffing Alternatives, the Staffing Experts and elevate your response to this new law and reduce or eliminate any increases in costs or disruptions in day to day operations.
ABOUT SASince 1994, Staffing Alternatives has provided New Jersey’s best companies with temporary, temporary to hire, direct hire and on-site staffing services. Headquartered in North Brunswick, NJ our 18 staffing offices supply over 7000 employees each day, ranging from the most highly skilled packaging mechanics to 100’s of assembly personnel at one client. Our philosophy for success and why we’re a Top Workplace is a simple one…create an environment where people enjoy working and feel they are appreciated for their contributions to the company’s success.
Know SA sooner than later by calling us today at 877-STAFF14 or by email at info@SAworks.com.