New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 72 - TEMPORARY LABORERS
Subchapter 3 - REQUIRED NOTICES FROM TEMPORARY HELP SERVICE FIRM TO TEMPORARY LABORER
Section 12:72-3.1 - Assignment notification statement at dispatch
Universal Citation: NJ Admin Code 12:72-3.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) At the time a temporary help service firm
dispatches a temporary laborer to work in a designated classification placement, the
temporary help service firm shall provide the temporary laborer with an assignment
notification statement using the form made available at that time on the Department
website at
1. The Commissioner will not accept applications
from temporary help service firms for approval of other assignment notification
statement forms.
2. The Commissioner,
using the Department website in the manner described at (a) above, will publish a
single approved assignment notification form, which the Commissioner may amend from
time to time.
(b) The assignment notification statement at (a) above shall be provided by the temporary help service firm to the temporary laborer in English and in the language identified by the employee as the employee's primary language.
(c) The assignment notification statement at (a) above shall be provided by the temporary help service firm to the temporary laborer in a manner appropriate to whether the assignment is accepted at the temporary help service firm's office, or remotely by telephone, text, email, or other electronic exchange.
1. Where the assignment is accepted and
dispatch to the assignment occurs remotely by text, email, or other electronic
exchange, the temporary help service firm shall provide the temporary laborer with
the assignment notification statement (and obtain acknowledgment of receipt of the
assignment notification statement if the temporary help service firm intends to do
so) by text, email, or other electronic exchange, and may not require the temporary
laborer to travel to the office of the temporary help service firm solely to receive
or acknowledge receipt of the assignment notification statement.
2. Where the assignment is accepted and dispatch
to the assignment occurs remotely by telephone, the temporary help service firm
shall provide the temporary laborer the option of receiving the assignment
notification statement (and acknowledging receipt of the assignment notification
statement if the temporary help service firm intends to do so) either:
i. By text, email, or other electronic exchange;
or
ii. By traveling to the office of the
temporary help service firm and receiving (and acknowledging receipt of) the
assignment notification statement in-person.
3. Where the assignment is accepted and dispatch
to the assignment occurs in-person at the office of the temporary help service firm,
the temporary help service firm shall provide the temporary laborer with the
assignment notification statement (and obtain acknowledgement of receipt of the
assignment notification statement if the temporary help service firm intends to do
so) in-person at the office of the temporary help service firm.
(d) When the temporary laborer is assigned to the same assignment for more than one day (a multi-day assignment), the temporary help service firm shall only be required to provide the assignment notification statement to the temporary laborer on the first day of the assignment and on any day that any of the terms listed on the assignment notification statement are changed.
(e) The assignment notification statement at (a) above shall contain the following:
1. The name of
the temporary laborer;
2. The name,
address, and telephone number of the following:
i.
The temporary help service firm, or the firm's agent facilitating the
placement;
ii. The temporary help
service firm's workers' compensation carrier;
iii. The worksite employer or third-party client;
and
iv. The Department of Labor and
Workforce Development;
3. The
name and nature of the work to be performed by the temporary laborer;
4. The wages offered to the temporary
laborer;
5. The name and address of the
assigned worksite of the temporary laborer;
6. The terms of transportation offered to the
temporary laborer, if applicable;
7. A
description of the position offered to the temporary laborer;
8. Whether the position offered to the temporary
laborer will require any special clothing.
i. If
the position offered to the temporary laborer will require any special clothing, a
description of the special clothing required; and
ii. If the position offered to the temporary
laborer will require any special clothing, whether it will be provided by the
temporary help service firm at no cost to the temporary laborer; by the third-party
client at no cost to the temporary laborer; or by the temporary laborer, and if by
the temporary laborer, at what approximate cost to the temporary laborer;
9. Whether the position offered to the
temporary laborer will require any protective equipment.
i. If the position offered to the temporary
laborer will require any protective equipment, a description of the protective
equipment is required; and
ii. If the
position offered to the temporary laborer will require any protective equipment,
whether it will be provided by the temporary help service firm at no cost to the
temporary laborer; by the third-party client at no cost to the laborer; or by the
temporary laborer, and if by the temporary laborer, at what approximate cost to the
temporary laborer;
10. Whether
the position offered to the temporary laborer will require any training.
i. If the position offered to the temporary
laborer will require any training, a description of the training is required;
and
ii. If the position offered to the
temporary laborer will require any training, whether it will be provided by the
temporary help service firm at no cost to the temporary laborer; by the third-party
client at no cost to the laborer; or by the temporary laborer, and if by the
temporary laborer, at what approximate cost to the temporary laborer;
11. Whether the position offered to the
temporary laborer will require any supplies.
i. If
the position offered to the temporary laborer will require any supplies, a
description of the supplies required; and
ii. If the position offered to the temporary
laborer will require any supplies, whether they will be provided by the temporary
help service firm at no cost to the temporary laborer; by the third-party client at
no cost to the laborer; or by the temporary laborer, and if by the temporary
laborer, at what approximate cost to the temporary laborer;
12. Whether any meal(s) will be provided to the
temporary laborer by the temporary help service firm or the third-party client; and,
if yes, list the cost to the temporary laborer, if any;
13. Whether equipment (other than protective
equipment) will be provided to the temporary laborer by the temporary help service
firm or the third-party client; and, if yes, list the cost to the temporary laborer,
if any;
14. Whether the position offered
to the temporary laborer will require any license(s).
i. If the position offered to the temporary
laborer does require any license(s), a description of the license(s) required;
and
ii. For the purpose of this
paragraph, the term "license" shall include any license or certification needed to
perform any occupation or occupational activity;
15. Terms of the transportation offered to the
temporary laborer, if applicable;
16.
For muti-day assignments, the schedule;
17. The length of the assignment, if known;
and
18. The amount of sick leave to
which temporary laborers are entitled under the New Jersey Earned Sick Leave Law,
N.J.S.A.
34:11D-1 et seq., and the terms of its
use.
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