Seyfarth Synopsis: The New Jersey Department of Labor and Workforce Development issued its proposed regulations for New Jersey’s Temporary Workers’ Bill of Rights. The proposed regulations provide some clarity on several provisions. However, these proposed regulations leave several areas ambiguous, particularly regarding the calculation of benefits for pay equity, and the scope of the law itself. Temporary help service firms and third-party clients should diligently monitor new developments to ensure compliance amid the law's complexities and uncertainties.
The Garden State is forming the contours of its ambitious new law regulating temporary help service firms. Indeed, in the last few months the notice and retaliation provisions went into effect, a mandatory notice form was issued, FAQs compiled, and now the New Jersey Department of Labor and Workforce Development has proposed regulations.[1] Briefly, the proposed regulations provide some clarity, but many provisions remain ambiguous. For example, the proposed regulations do not engage some of the biggest questions regarding the law’s scope, including issues with the Bureau of Labor Statistics’ Standard Occupational Classification system and the law’s supposed extraterritoriality.
Pay Equity and Placement Fees
The cornerstone of the Temporary Workers’ Bill of Rights (TWBR) is the pay equity provision. The law’s demand for equal pay for substantially similar work, however, comes with challenges. The calculation of the...
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