The New Jersey Department of Labor and Workforce Development recently issued its proposed regulations for New Jersey's Temporary Workers' Bill of Rights (TWBR). 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.
In the last few months, the notice and retaliation provisions of the law went into effect, a mandatory notice form was issued, and FAQs were compiled.
Pay Equity and Placement Fees
The cornerstone of the 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 average cost of benefits is not clearly defined, making compliance difficult.
For example, the regulations merely state that benefits means "fringe benefits, including but not limited to, health insurance, life insurance, disability insurance, paid time off (including vacation, holidays, personal leave and sick leave in excess of what is required by law), training, and pension."
The regulations say third-party clients should provide "a listing of the hourly rate of pay and cost per hour of benefits for each employee of the third-party client who the third-party client determines would be a comparator employee." The proposed regulations do not clarify the precise contours of the benefit calculations, potentially leaving firms open to...
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