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. 24, December 18, 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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