New Jersey companies utilizing the services of temporary workers contracted through a staffing agency or temporary help service firm should be aware that additional state-mandated protections covering certain temporary workers took effect on Saturday, August 5, 2023. These protections (collectively known as the “Temporary Workers’ Bill of Rights”) require staffing agencies to, among other things, provide equal pay, detailed wage statements, and assignment disclosure forms to the temporary workers. Notably, New Jersey is the first state that requires that temporary workers be paid at least the average pay (including the cost of employee benefits) of their permanent counterparts.[1]

Covered Temporary Workers

The Temporary Workers’ Bill of Rights protects laborers in specified classifications designated by the Bureau of Labor Statistics of the United States Department of Labor as follows:

• 33-90000 – 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; and
• Any successor categories as the Bureau of Labor Statistics may designate.

General Protections

Under the Temporary Workers’ Bill of Rights,...

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