New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 72 - TEMPORARY LABORERS
Subchapter 7 - PAY EQUITY
Section 12:72-7.3 - Determining whether a temporary laborer and third-party client employee are performing substantially similar work
Universal Citation: NJ Admin Code 12:72-7.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The following principles should be applied when determining whether a temporary laborer and an employee of the third-party client are performing substantially similar work:
1. Substantially similar work should be viewed as
a composite of skill, effort, and responsibility performed under similar working
conditions;
2. Functions and duties need
not be identical in order to be substantially similar;
3. Occasional, trivial, or minor differences in
duties that only consume a minimal amount of the employee's time will not render the
work dissimilar;
4. Job titles and job
descriptions are relevant, but not dispositive, of whether two individuals are
performing substantially similar work;
5. The determination should focus on an analysis
of the actual job duties performed, not the specific person performing the
work;
6. The analysis should be applied
to a full work cycle, not just a snap shot of a particular time period or
day;
7. Skill is measured by factors
such as the experience, ability, education, and training required to perform a
job;
8. Effort is the amount of physical
or mental exertion needed to perform a job;
9. Responsibility is the degree of accountability
and discretion required to perform a job;
10. The number of years of service (that is,
seniority) of a particular employee is not relevant to the determination of whether
two jobs are substantially similar, even where the third-party client's employee
compensation system is seniority based; but rather, what is relevant is the number
of years of experience that are required to perform a job.
i. For example, if the job to which the temporary
laborer is being assigned with the third-party client requires five years of
relevant experience and the job being performed by the prospective comparator
employee of the third-party client requires five years of the same experience, this
would be a factor mitigating in favor of a finding that the two jobs are
substantially similar, notwithstanding that the comparator employee of the
third-party client has worked for the third-party client for more than five
years;
11. The third-party
client's use of a merit system for the compensation of its employees is not relevant
to the determination of whether two jobs are substantially similar; and
12. Working conditions, for the purpose of
determining whether two jobs are being performed under similar working conditions,
means the physical surroundings and hazards, but does not include job
shifts.
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