The NJ DOL has issued proposed rules to implement certain sections of the Temporary Workers’ Bill of Rights. The proposed rules clarify when the law applies to out-of-state work assignments; how to calculate pay; when a temporary worker and third-party client employee perform “similar work”; what needs to be included in the mandatory wage statements; and how to calculate maximum placement fees. The proposal is open to public comment until October 20, 2023.

Earlier this year New Jersey Governor Phil Murphy signed into law the Temporary Workers’ Bill of Rights (the “Bill of Rights”), which established numerous labor and employment protections for large portions of New Jersey’s more than 125,000 temporary workers. The Bill of Rights’ practical implications are far-reaching, imposing new rules related to pay and benefit equity, and recordkeeping and notice requirements for covered “temporary help service firms” that employ, directly or indirectly, “temporary laborers” in certain “designated classification placements.”

On July 21, 2023 (months after certain provisions of the Bill of Rights already went into effect) the New Jersey Department of Labor and Workforce Development (“NJDOL”) posted on its website a Notice of Proposal containing proposed rules to implement Sections 1 through 7, and Section 10, of the Bill of Rights.

These proposed rules provide highly anticipated clarification on at least some of the provisions of the Bill of Rights and were...

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