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  • Amidst the ever-evolving labor and workforce development landscape, the New Jersey Department of Labor recently unveiled its proposed regulations for the state’s groundbreaking Temporary Workers’ Bill of Rights (TWBR). To safeguard the rights of temporary laborers, this legislation indicates a new era of enhanced protection and equitable treatment. However, as with any revolutionary measure, challenges and uncertainties lie ahead.

    Within the past few months, the law’s notice and retaliation provisions have come into effect, accompanied by the issuance of a mandatory notice form and the compilation of FAQs.

    Pay Equity And Beyond

    At the heart of the TWBR stands its unwavering commitment to pay equity for temporary laborers engaged in substantially similar work. While the intention is admirable, the path to compliance is complex. One such challenge arises from the ambiguity surrounding calculating benefits for pay parity.

    The proposed regulations shed some light on the matter, defining benefits to include a range of fringe benefits such as health insurance, life insurance, disability insurance, and more. However, the lack of precision in determining the average cost of these benefits has left employers grappling with uncertainty. Clarity on these benefit calculations is essential to ensure businesses can confidently adhere to the law.

    Placing Placement Fees In Perspective 

    Another area demanding explanation is the placement fees for temporary laborers transitioning to permanent positions. While the TWBR allows temp agencies to charge placement fees, the specifics of how these fees should be calculated are unclear.

    The proposed regulations offer step-by-step guidance, but complications arise when temp agencies must ascertain the daily cost of benefits provided during assignments with third-party clients. The path to accurate placement fee calculation remains unclear, with the scope of benefits left undefined.

    Strengthening Protections With Notice And Anti-Retaliation Measures 

    As of May 7th, 2023, the notice and retaliation provisions of the TWBR have been set into motion, bolstering safeguards for temporary workers. Temp agencies must now utilize state-authorized forms, ensuring essential information reaches workers without fail. Yet, further clarity on the practical aspects of these requirements could prove beneficial. Establishing methods for recording receipts and defining the rebuttal of retaliation presumptions could enhance the effectiveness of these measures and offer greater security to temporary workers.

    Under the provisions of the law, third-party clients are obligated to furnish specific information to the temp agency within seven days following the conclusion of the workweek during which the temporary laborer was engaged. The regulations emphasize that failure to provide the required information will not be considered a violation, provided the third-party client cannot submit the time records due to circumstances beyond their control. However, the regulations do not explicitly outline the circumstances that would be deemed beyond their control. Consequently, employers must exercise caution, as non-compliance could lead to penalties of up to $500 per violation.

    Litigation Looms On The Horizon

    While the TWBR represents a commendable stride towards empowering temporary workers, it has not escaped legal scrutiny. Ongoing litigation seeks to delay the implementation of remaining provisions, with challenges centered on constitutional grounds. Temp agencies should remain vigilant, closely monitoring developments in this case that could impact the implementation and enforceability of the TWBR.

    Consider Partnering With A PEO Like GMS 

    For business owners in New Jersey, the decision to collaborate with a professional employer organization (PEO) opens a gateway to unparalleled support and prosperity. In the dynamic and ever-changing landscape of New Jersey’s business environment, a PEO is a reliable partner, adeptly navigating the complexities of HR, payroll, benefits administration, and risk management. By entrusting these critical functions to a seasoned PEO like Group Management Services (GMS), business owners can unburden themselves from administrative hassles and compliance worries, allowing them to redirect their focus toward strategic growth and innovation.

    With access to a wealth of HR expertise, cutting-edge technology, and comprehensive employee benefits packages, businesses can attract and retain top talent, fostering a thriving and engaged workforce. Embracing a partnership with GMS is not just a business decision – it’s a visionary step toward building a resilient and successful business for years to come. Get a quote today!

  • The National Institute for Occupational Safety and Health (NIOSH) recently released a set of best practices to better protect temporary workers on the job. The mission of NIOSH is to develop new knowledge in the field of occupational safety and health and to transfer that knowledge into practice. Before we dive into the latest best practices, let’s define what a temporary worker is. Temporary workers are paid by a staffing company and assigned to a host employer, which can be short and long-term work. Host employers are responsible for protecting the safety and health of all workers, whether they’re temporary or permanent.

    As an employer or, in this case, a host employer, you must find every way possible to ensure the safety of your employees. Luckily, NIOSH came up with a list of best practices. They broke the best practices into four sections which include:

    • Evaluation
    • Contracting
    • Training
    • Injury

    Evaluation

    Host employers (HEs) and staffing companies (SCs) must evaluate all aspects of safety and health related to each organization and the jobs temporary workers are being hired to execute. To accomplish this, host employers should take the following steps:

    • Conduct a joint risk assessment
    • Provide information
    • Allow site visits
    • Ensure commitment to safety and health

    Contracting

    The joint structure requires effective communication and a common understanding of the division of responsibilities for safety and health at all required levels within each organization. The responsibilities must be reviewed often and set forth in a written contract between HEs and SCs. The following information needs to be specified clearly in the written contract:

    • Job details
    • Communication/documentation responsibilities
    • Injury and illness reporting, response, and record-keeping responsibilities
    • Other aspects of workplace safety and health

    Training

    The Occupational Safety and Health Administration (OSHA) states that in most cases, the HE is responsible for providing site – and task–specific safety and health training, and the SC is responsible for providing general safety and health awareness training. Safety and health training must be provided for all temporary workers before starting new projects or new jobs/tasks on existing assignments. In addition, these trainings must be in a language your temporary workers understand while also including the following information:

    • Approved tasks
    • Hazard identification and control 
    • Personal protective equipment
    • OSHA laws
    • First aid
    • Emergency procedures
    • Reporting safety and health incidents and concerns
    • Secure site
    • Safety and health program participation

    Injury And Illness Reporting, Response, And Recordkeeping

    Finally, to prevent future incidents from occurring, effective injury and illness reporting, response, and recordkeeping are vital. It’s essential that HEs implement the following:

    • Promote injury and illness reporting
    • Inform the staffing company 
    • Report to OSHA
    • Conduct joint incident investigations 
    • Coordinate medical treatment and return to work
    • Record on OSHA 300 Log
    • Complete staffing company documentation 
    • Fulfill records request

    Partner With GMS To Keep Your Employees Safe

    The outlined best practices announced by the NIOSH are just the beginning. You have the information in front of you, but how will you begin to implement them within your business? That’s where GMS comes into play. At GMS, we understand that business owners cannot keep operations running and thriving without a healthy and efficient workforce. Therefore, it’s essential to ensure your employees are given the tools to succeed while also ensuring you have created a culture of safety to minimize any risk their daily activities may carry. We help you take a proactive approach to workplace safety through various services, including:

    • Onsite consulting 
    • Jobsite inspections
    • Accident and injury investigations
    • Training
    • OSHA inspection and citation assistance 

    Contact our safety experts today to learn more. 

  • The Temporary Worker’s Bill of Rights or, Senate Bill 511, is now being considered with revisions made by New Jersey Governor Phil Murphy. After originally vetoing this bill, he claimed to “wholeheartedly support the overarching objectives,” and proposed additional revisions. If the legislature accepts his revisions, Gov. Phil Murphy said he will sign it into law.

    The Temporary Worker’s Bill Of Rights

    Senate Bill 511 would require businesses to provide temporary workers with:

    • At least minimum wage
    • Equal benefits that are offered to their full-time employees

    In addition, the bill aims to address discriminatory workplace practices and promote gender and racial pay equity. Pay equity is the idea of compensating employees with similar job functions with comparably equal pay, regardless of gender, race, or ethnicity. This means that if two different jobs contribute equal value to their employer’s operations, then employees in those positions should be receiving equal pay.

    Temporary agencies would also be required to keep written records of pertinent employment information, including:

    • Location of the worksite
    • Number of hours worked
    • Rate of pay for each employee
    • A copy of any contract pursuant to which the temporary worker is performing work
    • Any deduction from the worker’s pay

    Should this bill pass, it would allow temporary employees to sue the temporary labor agency and the third-party company for violations of the bill. Any business or temporary agency that violates the bill will be subject to civil penalties, such as financial penalties, with each day of not complying constituting a separate offense.

    Additionally, Gov. Murphy proposed that this bill only applies to occupations that are most vulnerable to exploitation which include the following:

    • Construction labor
    • Security services
    • Cleaning
    • Landscaping
    • Food service
    • And more

    He also calls for one million dollars to be appropriated for the Department of Labor and Workforce Development which ensures vigorous enforcement of the new protections.

    GMS Is Here To Help!

    Managing payroll and tax filings can be a strenuous task for small business owners. When you partner with GMS, you can take full advantage of online payroll software to simplify your business and save you valuable time. GMS provides a comprehensive web-based payroll solution to ensure compliance, accuracy, and peace of mind. Our online payroll software allows you to complete payroll in minutes and manage and access payroll information anywhere there’s an internet connection. Contact us today if you’re ready to focus your time and energy on growing your business instead of spending hours on payroll processing.