ASSEMBLY BILL NO. 1474
(First Reprint)
To the General Assembly:
Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Assembly Bill No. 1474 (First Reprint) with my recommendations for reconsideration.
Assembly Bill No. 1474 (First Reprint) provides certain protections to temporary laborers and imposes requirements on temporary help service firms and third-party clients of those firms. The bill requires temporary help service firms operating in the State to register with the Department of Labor and Workforce Development (“DOLWD”) and prohibits any third-party client from employing any temporary laborers through a temporary service firm that has not so registered.
The bill also imposes information sharing and records retention requirements on temporary help service firms and subjects firms who violate these requirements to civil penalties. Specifically, the bill requires temporary help service firms to disclose to the temporary laborer, in the temporary laborer’s primary language, information regarding the terms of the temporary work to be performed, including a description of the position, the wages offered, the terms of transportation, and the length of the work assignment. The bill further requires that the temporary laborer’s paycheck be accompanied by a detailed statement itemizing, among other things, the hourly wages earned and any deductions withheld. Additionally, the bill requires temporary help service firms to keep records of each temporary laborer the firm sends to perform temporary work, including the location of the work site, the type and number of hours of work performed, the hourly wage rate, copies of any contract with a third party client, and the amount of any deductions from the laborer’s compensation.
Importantly, the bill also creates affirmative protections for temporary laborers. For example, the bill prohibits a temporary help service firm from charging a temporary laborer a fee for transportation to or from a designated worksite, and from restricting a temporary laborer from accepting a permanent position with a third-party client. The bill also states that temporary laborers’ wages shall not fall below the minimum wage after deductions are taken for meals and equipment, and shall not be less than the average rate of pay and equivalent benefits of a third party client’s permanent employees performing the same or substantially similar work. In addition, the bill permits temporary laborers to choose whether they will be paid on a weekly, bi-weekly, or semi-monthly basis, and provides a minimum of four hours of pay to temporary laborers who are contracted to work at a third-party client’s worksite, but who are not actually utilized for that work. Finally, the bill protects temporary laborers against retaliation for exercising any rights under the bill.
I applaud the bill sponsors’ efforts to improve the working conditions of our State’s temporary laborers. The protections contained in the bill will promote greater fairness in the industry, help address discriminatory labor practices, and promote racial and gender pay equity. I thus wholeheartedly support the overarching objectives of this bill and agree that we must act to better protect the temporary workers who are critical to our State’s economy.
Nevertheless, I am recommending several revisions to the bill to bolster its administration and effectiveness. Rather than establish a duplicative registration scheme in the DOLWD, I propose amending the bill so that the enhanced registration requirements established by the bill are implemented through the existing registration system currently maintained in the Division of Consumer Affairs in the Department of Law and Public Safety (the “Division”). This recommendation recognizes the resource investment, both in terms of technological infrastructure and retention of trained staff that the State has already made in developing and maintaining in the Division an online registration system for temporary help service firms. Rather than expend resources to create a second such system in the DOLWD, which would impose largely redundant registration requirements on temporary help service firms forced to register with two different State agencies, the better approach is to supplement the existing system to accommodate the additional information and disclosures that registrants must provide under the bill.
The bill calls upon the DOLWD to play a critical role in overseeing and enforcing the substantive protections being established in order to safeguard temporary laborers from unfair treatment, exploitation, and abuse. Accordingly, I am recommending an appropriation of $1 million to the DOLWD to ensure robust enforcement of the bill’s protections.
My suggested amendments also hone the definition of temporary laborers to more clearly delineate the occupations covered by the bill, tailoring the application of the bill to those positions in the workforce at greatest risk of exploitation. This will ease the compliance burdens placed on the temporary help service industry, while ensuring that laborers in certain occupations subject to more extreme hardships receive due protection and consideration in enforcement. I also recommend amending the bill to authorize payments for temporary laborers via bi-weekly paychecks only, rather than allowing selection of pay periods of other durations. This revision recognizes that many businesses have payroll systems that are likely ill-equipped to comply with multiple pay periods that vary by employee, and also limits the potential for the diminution of temporary laborers’ earned wages through expenses such as check cashing fees. Finally, I am recommending amendments to delay the bill’s effective date by an additional 90 days to give DOLWD and DCA sufficient time to build out their infrastructure, retain and train additional staff, and make other needed adjustments so that they are fully ready and able to effectively implement the provisions of the bill when it takes effect.
Along with several technical amendments, these recommended substantive changes will advance the bill’s primary objectives without unduly hindering the availability of critically important temporary help service workers to businesses that need and benefit greatly from this pool of labor.
Therefore,
I herewith return Assembly Bill No. 1474 (First Reprint) and recommend that
it be amended as follows:To the
General Assembly:
Pursuant
to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am
returning Assembly Bill No. 1474 (First Reprint) with my recommendations for
reconsideration.
Assembly
Bill No. 1474 (First Reprint) provides certain protections to temporary
laborers and imposes requirements on temporary help service firms and third
party clients of those entities. The bill would create records and registration
requirements to ensure that third party clients are entering into contracts for
the employment of temporary laborers only with those temporary help service
firms that adhere to legal requirements as well as principles of fairness and
dignity for their workers. These requirements also ensure that temporary help
service firms provide proof of valid workers’ compensation insurance and an
employer account number for the payment of unemployment insurance
contributions. The bill would also impose certain notice and information
requirements in both English and the temporary workers’ primary language, thus
removing additional barriers to equitable working conditions.
The bill
would also create a fairer workplace for temporary laborers by affording them
the same average rate of pay and equivalent benefits as a third party client’s
permanent employees performing the same or substantially similar work. In
addition to permitting temporary laborers to choose their frequency of pay, the
bill provides four hours of pay at the agreed upon rate to temporary laborers
who are contracted to work at a third party client’s worksite, but is not
actually utilized for that work despite their preparation for that day’s
assignments. The bill would also protect temporary laborers against undue fees
associated with transportation to or from worksites, meals, and equipment
usage.
The bill
would also prohibit restrictions on the right of temporary laborers to accept
permanent positions with third party clients, thus opening up additional
avenues to permanent employment. The bill would also protect temporary laborers
against retaliation for exercising any rights under the bill while ensuring that
any party acting contrary to the bill’s provisions can be held liable.
I applaud
the bill sponsors’ dedication to improving working conditions for our State’s
temporary laborers. The revisions already contained in the bill will promote
greater fairness in this industry without disadvantaging the law-abiding
temporary help service firms and third party clients that are so vital to our
State. In particular, by requiring equal compensation for equal work, the bill
will help to address discrimination and promote racial and gender pay equity in
New Jersey. I thus wholeheartedly support the overarching objectives of this
bill and agree that we must act to better protect temporary laborers.
Nevertheless, I am recommending revisions to Assembly Bill No. 1474 (First
Reprint) in order to better refine the scope of the bill and ensure that
registration and enforcement will remain effective mechanisms for positive
change long after the bill’s effective date.
These
revisions house registration within the Department of Law and Public Safety’s
division Division of consumer Consumer
affairs Affairs (the “Division”) consistent
with the Consumer Fraud Act at N.J.S.A.
56:8-1.1. The registration process is resource intensive and the Ddivision
of consumer affairs has already invested in the infrastructure and trained
staff needed to register these businesses. In addition, the Ddivision
of consumer affairs is in the final phase of a $7.3 million regulated business
registration project that upgraded its internal processing of the registration
function and allowed for online applications, renewals, and payments. This
change saves taxpayer funds and avoids the unnecessary duplicative use of State
resources.
These
revisions also hone the definition of temporary laborers to reflect those
workforces that the bill intends to protect, while ensuring that the bill is
not applied more broadly than intended to professional workers. Additionally,
following conversations with numerous stakeholders in the business community,
it is clear that the bill’s provisions regarding frequency of pay may impose
undue burdens on payroll systems that lack the capacity to comply with weekly
or monthly pay checks. These revisions will ensure that temporary workers have
the option to secure bi-weekly pay without jeopardizing the
integrity of payroll systems. Finally, these revisions appropriate money to the
Department of Labor and Workforce Development to ensure robust enforcement of
the bill’s protections. Along with several technical edits, these recommended
amendments remain consistent with the bill’s objective of protecting some of
our State’s most vulnerable workers without obstructing the business of critically
important temporary help service firms and third party clients.
Therefore, I herewith return Assembly Bill No.
1474 (First Reprint) and recommend that it be amended as follows:
Page 2, Section 2, Line 41: After “Safety” insert “, or a designee of the Ddirector”
Page 3, Section 2, Line 15: After “reasons.”
insert “‘"“High
physical demand placementDesignated
classification placement’"”
means an assignment of a temporary laborer by a temporary help service firm to
perform work in any of the following occupational categories as designated by
the Bureau of Labor Statistics of the United States Department of Labor:
33-9000 Other Protective Service Workers; 35-0000 Food
Preparation and Serving Related Occupations; 37-0000 Building and Grounds
Cleaning and Maintenance Occupations; 39-0000 Personal Care and Service
Occupations; 47-2060 Construction Laborers; 47-30000 Helpers,
Construction Trades; 49-0000
Installation, Maintenance, and Repair Occupations; 51-0000 Production
Occupations; 53-0000 Transportation and Material Moving Occupations; or any
successor categories as the Bureau of Labor Statistics may designate.”
Page 3, Section 2, Line 22: After
“employment” insert “in a high physical demand placementdesignated
classification placement”
Page
[CA[1] 3, Section 2, Line 26: After
“(C.34:9A-1 et seq.)” insert “; professional employees, as defined in 29 U.S.C.
s.152; or employees who are secretaries or administrative assistants whose main
or primary duties are described by the Bureau of Labor Statistics of the United
States Department of Labor as involving one or more of the following: drafting
or revising correspondence, scheduling appointments, creating, organizing, and
maintaining paper and electronic files, and providing information to callers or
visitors”
Page 3, Section 2, Lines
27-43: Delete in their entirety.
Page 4, Section 2, Line 9: After “laborers”
insert “in a high physical demand placementdesignated
classification placement”
Page 4, Section 3, Line 16: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 4, Section 3, Line 35: After “laborer” insert “, if applicable”
Page 5, Section 3, Line 5: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 5, Section 3, Line 12: After
“notice.”Delete “If a dispute
arises” concerning whether it was possible for a
temporary help service firm to provide the required notice, an aggrieved party
shall make an application to the commissioner, in a manner and form prescribed
by the commissioner, for a determination on the matter.” and insert “In the
event that the commissioner imposes a civil penalty under subsection d. of this
section and the temporary help service firm requests a hearing to challenge the
penalty, any dispute concerning whether it was possible for the temporary help
service firm to provide the required notice shall be adjudicated during that
hearing.”
Page
5, Section 3, Lines
12-16: Delete
“If a dispute arises
Page
5, Section 3, Lines 13-16: Delete in their
entirety concerning whether it was possible for a temporary help
service firm to provide the required notice, an aggrieved party shall make an
application to the commissioner, in a manner and form prescribed by the
commissioner, for a determination on the matter.”
Page 5, Section 3, Line 12: After
“notice.” insert “In the event that the commissioner imposes a civil penalty
under subsection d. of this section and the temporary help service firm
requests a hearing to challenge the penalty, any dispute concerning whether it
was possible for the temporary help service firm to provide the required notice
shall be adjudicated during that hearing.”
Page 5, Section 3, Line 17: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 5, Section 3, Line 31: After
Delete “place” and insert
“for a high physical demand
placementdesignated classification
placement”
Page 5, Section 3, Line 35: Delete “The commissioner shall require temporary” and insert “Temporary”
Page 5, Section 3, Line 36: Delete “to
employ” and insert “that make high physical demand placementdesignated
classifications placements
shall make available, whether through its own employees or the service of a
vendor,”
Page 5, Section 3, Line 36: Delete “who can” and insert “to”
Page 5, Section 3, Line 41: After “firm”
insert “that makes high physical demand placementdesignated
classification placements and”
Page
65,
Section 3, Line 1: After
“commissioner” insert “, in consultation with the Office of the New Americans
within the Department of
Human Services,”
Page
65,
Section 3, Line 2: After
“laborers” insert “in a designated classification
placement”
Page
65,
Section 3, Line 4: After
“shall” insert “development
written materials in various languages based on the 10
most prevalent language access needs in the State, and may periodically
reevaluate the language access needs and adjust translation efforts accordingly.
The program shall”
Page
65,
Section 3, Line 5: Delete “in
English, Spanish and any other
language that”
Page
65,
Section 3, Lines 6-7: Delete in
their entirety
Page
65,
Section 3, Line 8: Delete
“centers” and insert “to qualifying
organizations”
Page
65,
Section 3, Line 8: After
“workers” insert “in a designated classification placement”
Page
65,
Section 3, Line 8: After “and”
insert “shall engage in”
Page
65,
Section 3, Line 10: After
“laborers” insert “in a designated
classification placement”
Page 6, Section 3, Lines
1-10: Delete in their entirety and replace withinsert
“The commissioner shall develop and implement a multilingual outreach program
to inform temporary laborers about their rights pursuant to P.L. , c.
(C. ) (pending before the Legislature as this bill). The
program shall include the distribution of written materials to qualifying
organizations who work with temporary laborers in high physical demand
placementdesignated classifications, and shall
engage in regular outreach to these organizations to determine how the
commissioner can better inform temporary laborers in high physical demand
placementdesignated classifications of their
rights.
Page 6, Section 3, Line 10: After “rights.” insert “For purposes of this subsection, qualifying organizations are nonprofit organizations that have a minimum of five years of experience working with temporary laborers or hiring entities, and organizations that work with nonprofit organizations that have a minimum of five years of experience working with temporary laborers or hiring entities.”
Page 6, Section 4, Line 13: After “laborers”
insert “in a [BL[2] high physical demand
placementdesignated classification
placements”
Page 6, Section 4, Line 39: After “tax, ”
insert “withheld contributions to the state unemployment compensation trust
fund andand
the state disability benefits trust
fund”
Page 7, Section 4, Line 9: After “review” delete “or” and insert “and”
Page 7, Section 4, Line 10: After “laborer” insert “at no cost”
Page 7, Section 4, Line 11: After “request.” insert “For purposes of this subsection, an authorized representative of the temporary laborer is a person as to whom the temporary laborer has presented to the temporary help service firm an authorization signed by the temporary laborer that expressly permits the person to review and copy the subject records.”
Page 7, Section 4, Line 12: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 7, Section 4, Line 15: After “copying” insert “, at no cost,”
Page 7, Section 4, Line 17: After “available” insert “at no cost”
Page 7, Section 5, Line 46: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 8, Section 5, Line 1: Delete “responsible” and insert “jointly and severally liable”
Page 8, Section 5, Line 3: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 8, Section 5, Line 12: After “laborer”
and before “or” insert “in a high physical demand placementdesignated
classification placement”
Page 8, Section 5, Line 12: After “laborer”
and before “as” insert “in a high physical demand placementdesignated
classification placement”
Page 8, Section 5, Line 13: Delete “c.” and insert “d.”
Page 8, Section 5, Line 25: After
“transportation.” Insert “c. A
temporary help service firm shall not require a temporary laborer in a high
physical demand placementdesignated
classification placement to use transportation
provided by the firm or by another provider of transportation services.”
Page 8, Section 5, Line 26: Delete “c.” and insert “d.”
Page 8, Section 5, Line 26776: After
“laborer” insert “in a high physical demand placementdesignated
classification placement”
Page 8, Section 5, Line 36: After “laborer” insert “in a designated
classification placement”
Page 8, Section 5, Line 32: Delete “the” and insert “a”
Page 8, Section 5, Line 32: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 8, Section 5, Line 32[PR[3] 36: Delete
“the” and insert “a”
Page 8, Section 5, Line 367: After
“laborer” insert “in a high physical demand placementdesignated
classification placement”
Page 8, Section 5, Line 40: Delete “the” and insert “a”
Page 8, Section 5, Line 410: After
“laborer” insert “in a high physical demand placementdesignated
classification placement”
Page 8, Section 5, Line 43: Delete “d., e., and f.” and insert “e., f., and g.”
Page 8, Section 5, Line 43: After “section.” insert “The commissioner may randomly audit a temporary help service firm to ensure that the firm is maintaining the documentation required by this subsection.”
Page 8, Section 5, Line 44: Delete “d.” and insert “e.”
Page 8, Section 5, Line 44: Delete “the” and insert “a”
Page 8, Section 5, Line 45: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 8, Section 5, Line 45: After “client” insert “of such a firm”
Page 8, Section 5, Line 47: After “laborer”
insert “in a high physical demand placementdesignated
classification”
Page 8, Section 5, Line 47: After “laborers”
insert “in a high physical demand placementdesignated
classification placement”
Page 9, Section 5, Line 8: Delete “e.” and insert “f.”
Page
9, Section 5, Line 9: After
“firm”’
insert “that makes designated classification placements”
Page 9, Section 5, Line 9: After “client” insert “of such a firm”
Page 9, Section 5, Line 11: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 9, Section 5, Line 11: After “laborers”
insert “in a high physical demand placementdesignated
classification placement”
Page 9, Section 5, Line 15: Delete “f.” and insert “g.”
Page 9, Section 5, Line 16: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 9, Section 5, Line 19: After “day.”
insert “ h. The obligations imposed by
this section shall be in addition to those set forth in subsection d. of
section 14 of P.L.1981, c.1 (C.56:8-1.1), and any rules or regulations
promulgated thereunder.
i. The commissioner may promulgate
regulations under this section in accordance with the ‘“Administrative
Procedure Act,’”
P.L.1968, c.410 (C.52:14B-1 et seq.)
j. The
commissioner may assess a penalty against a temporary help service firm that
violates this section or any rules or regulations adopted pursuant to this
section of up to $5,000 for each violation, except that the penalty for a
violation of the recordkeeping requirements of this section shall not exceed
$500 for each violation. Each day that a temporary help
service firm fails to comply with this section shall constitute a separate
offense. Any penalty assessed under this
section shall be collected by the commissioner in a summary proceeding in
accordance with the ‘“Penalty
Enforcement Law of 1999,’”
P.L.1999, c.274 (C.2A:58-10 et seq.).”
Page 9, Section 6,
Line 22: After
“laborer” insert “in a
designated classification placement”
Page 9, Section 6, Line 45: Delete “either by the third party client or”
Page 10, Section 6, Line 1: After
“deductions, ” insert “withheld contributions to
the state unemployment compensation trust fund and the state disability
benefits trust fund,”
Page 10, Section 6, Line 7: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 10, Section 6, Line 21: After “b.” insert
“A third party client shall not withhold or divert the wages of a temporary
laborer in a high physical demand placementdesignated
classification placement for any reason. Except as
otherwise authorized pursuant to this section, a temporary help service firm
shall not withhold or divert the wages of a temporary laborer in a high
physical demand placementdesignated
classification placement for any reason.”
Page 10, Section 6, Line 22: After “laborer” insert “with”
Page 10, Section 6, Line 25: After “laborers”
insert “in a high physical demand placementdesignated
classification placement”
Page 10, Section 6, Lines
28-36: Delete[BL[4]
in their entirety and insert “At the request of
a temporaryAfter “laborer”
insert “in a high physical demand placementdesignated
classification placement”,
a temporary help service firm shall hold the daily wages of the temporary
laborer and make bi-weekly payments. The
wages shall be paid in a single check, or, at the temporary laborer’s sole
option, by direct deposit or other manner approved by the commissioner,
representing the wages earned during the period in accordance with P.L.1965,
c.173 (C.34:11-4.1 et seq.).”
Page 10, Section 6, Line 30: Delete “either weekly,”
Page 10, Section 6, Line 30: Delete “, or semi-monthly”
Page 10, Section 6, Line 33: After “period” delete “,”
Page 10, Section 6, Line 34: Delete in its entirety
Page 10, Section 6, Line 35: Delete “temporary laborer”
Page 10, Section 6, Line 40: After “laborers”
insert “in a high physical demand placementdesignated
classification placement”
Page 10, Section 6, Line 41: Delete “weekly,”
Page
10, Section
6, Line 41: Delete
bi-weekly”, or
semi-monthly” and insert “bi-weekly”
Page 10, Section 6, Line 46: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 11, Section 6, Line 1: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 11, Section 6, Line 6: After “laborers” insert “in a designated classification placement”
Page 11, Section 6, Line 12: Delete “a temporary laborer’s” and insert “the”
Page
11, Section 6, Line 12: After
“ hourly wage” and insert “the hourly wage of
a temporary laborer in a high physical demand placementdesignated
classification placement”
Page 11, Section 6, Line 15: Delete “the” and insert “a”
Page 11, Section 6, Line 15: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 11, Section 6, Line 21: Delete
After “that” delete
“the” and insert “a”
Page 11, Section 6, Line 22: After “available”
insert “to temporary laborers in high physical demand
placementdesignated classification
placements”
Page 11, Section 6, Line 24: After “charge” insert “a”
Page 11, Section 6, Line 25: After
“laborer”Before “for” insert “in a high
physical demand placementdesignated
classification placement”
Page 11, Section 6, Line 28: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 11, Section 6, Line 30: Delete “but” and
insert “in a high physical demand placementdesignated
classification placement but who”
Page 11, Section 6, Line 31: After “client” insert “,”
Page 11, Section 6, Line 39: After “performed” insert “for a third party client”
Page 11, Section 6, Line 40: After “by” delete “the” and insert “a”
Page 11, Section 6, Line 40: Delete
“the temporary laborer”Delete “for the
third party client” and insert “a temporary laborer in
a high physical demand placementdesignated
classification placement”
Page 11, Section 6, Line 46: Delete “licensed”
Page 11, Section 6, Line 47: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 12, Section 7, Line 16: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 12, Section 7, Line 23: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 12, Section 7, Line 31: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 12, Section 7, Line 42: Delete “the” and insert “a”
Page 12, Section 7, Line 42: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 12, Section 7, Lines
43-44: Delete “or”
and insert “,”
Page
12, Section 7, Line 43: After
“suspension” insert “, or non-renewal”
revocation of the temporary help service firm’s
registration by the commissioner” and insert “, revocation,
or non-renewal of the temporary help service firm’s certification by the
director.”
Page 12, Section 7, Line 44: Delete “registration” and insert “certification”
Page 12, Section 7, Line 44: Delete “commissioner” and insert “director”
Page
12, Section 7, Lines 45-48: Delete in
their entirety.
Page 13, Section 7, Lines 1-8: Delete in their entirety[BL[5]
Page 13, Section 7, Lines
98-179: Delete
“c.” and insert “b.”
Page
13, Section 7, Line 9: After
“client” insert “ in their entirety
and replace withinsert “b. Any
temporary laborer assigned to work at a third party client in a high
physical demand placementdesignated
classification placement”
Page 13, Section 7, Line 10: Delete “same”
Page 13, Section 7, Line 11: Delete “equivalent” and insert “average cost of”
Page 13, Section 7, Line 11: Delete “as a permanent employee” and insert “, or the cash equivalent thereof,”
Page 13, Section 7, Line 11: After “of” insert “employees of”
Page
13, Section 7, Line
14: After “conditions” insert shall
not be paid less than the average rate of pay and average cost of benefits, or
the cash equivalent thereof, of employees of the third party client performing
the same or substantially similar work on jobs the performance of which
requires equal skill, effort, and responsibility, and which are performed under
similar working conditions “for
the third party client at the time the temporary laborer is assigned to work at
the third party client.”
Page 13, Section 7, Line 18: Delete “d.” and insert “c.”
Page 13, Section 7, Line 24: Delete “e.” and insert “d.”
Page 13, Section 7, Line 25: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 13, Section 8, Lines
32-4834: Delete
“register with the commissioner” and insert “not
make any in their entirety and insert “A[BL[6]
temporary help service firm which
is located, operates, or transacts business within this State shall not make
any high physical demand placementdesignated classification
placementss
unless it is certified by the director to do so,,”
Page 13, Section 8, Line 35: Delete “commissioner for temporary help service firms” and insert “director”
Page
13, Section 8, Line 37: After “firm”
insert in accordance with rules adopted by the director,
and shall be subject to P.L. , c. (C. ) (pending before the
Legislature as this bill). Each temporary help service firm”seeking
certification to make high physical demand placementdesignated
classification placements”
Page 13, Section 8, Line 41: Delete “and” and insert “;”
Page 13, Section 8, Line 42: Delete “registration” and insert “certification”
Page
13, Section
8, Line 42: after
“employees” insert “; shall
provide proof of an employer account number issued by the commissioner for the
payment of unemployment insurance contributions as required under the ‘“unemployment
compensation law,’” R.S.43:21-1 et seq.; proof of valid
workers’ compensation insurance in effect at the time of certification covering
all of its employees; on a form created by the director, the
number of temporary laborers previously in a high physical demand
placementdesignated classification
placements whom the temporary help service firm has placed in a
permanent position with a third party client in the preceding 12 months as well
as the percentage those permanent placements represent of the total number of
temporary laborers in high physical demand placementdesignated
classification placements contracted by the temporary
help service firm during the same period; and such other information as the
director may require pursuant to rules adopted under this section”
Page 13, Section 8, Line 43: Delete “temporary help service firm’s” and insert “the”
Page
13, Section 8, Line 44: After
“coverage” insert “. If,
at any time, the workers’ compensation insurance coverage for a
temporary help service firm that makes high physical demand
placementdesignated classification placements”
Page 13, Section 8, Line 45: Delete “commissioner” and insert “director”
Page 13, Section 8, Line 46: Delete “registration” and insert “certification”
Page
13, Section 8, Line 48: After
“reinstated.” insert lapses, the temporary
help service firm shall have an affirmative duty to report the lapse of
coverage to the director and the temporary help service firm’s certification
shall be suspended until the firm’s workers’ compensation insurance is
reinstated. “A
temporary help service firm shall inform the director of any change or addition
to the information required under this subsection within 30 days of the change
or addition.”
Page 14, Section 8, Line 1: Delete “commissioner” and insert “director”
Page 14, Section 8, Line 1: After “firm”
insert “seeking certification to make high physical demand
placementdesignated classification
placements”
Page 14, Section 8, Line 2: Delete “registration” and insert “certification”
Page 14, Section 8, Line 4: After “$750” insert “per year”
Page 14, Section 8, Line 5: Delete “contracts
with temporary laborers” and insert “conducts its business,
including but not limited to contracting with and recruiting”
Page
14, Section 8, Line 5: After “for”
insert temporary laborers “for high
physical demand placementdesignated
classification placement”
Page 14, Section 8, Line 7: Delete “commissioner” and insert “director”
Page 14, Section 8, Line 8: Delete “commissioner” and insert “director”
Page 14, Section 8, Line 9: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 14, Section 8, Line 11: Delete “commissioner” and insert “director”
Page 14, Section 8, Line 12: Delete “commissioner” and insert “director”
Page 14, Section 8, Line 14: After “bill).” insert “The director shall give the commissioner access to any information that the director receives pursuant to this section.”
Page 14, Section 8, Lines 15-22: Delete in their entirety
Page 14, Section 8, Lines 23-3024: Delete
in their entirety and insert “It is a violation of P.L. , c. (C. )
(pending before the Legislature as this bill) to operate a temporary help
serviceAfter “firm”
insert “that makes high physical demand
placementdesignated classification
placements”
Page 14, Section 8, Line 25: Delete “registered with” and insert “certified by”
Page 14, Section 8, Line 25: Delete “commissioner” and insert “director”
Page 14, Section 8, Lines 26-27: Delete “Commissioner shall share a list of all registered temporary help service firms with the”
Page 14, Section 8, Lines 28-29: Delete “, and the division”
without being certified by the director in
accordance with subsection a. of this section. The
Division of Consumer Affairs in the Department of Law and Public Safety shall
create and maintain on its Internet website, accessible to the
public:”
Page 14, Section 8, Line 31: Delete “registered” and insert “certified”
Page 14, Section 8, Line 32: After “State”
insert “that make high physical demand placementdesignated
classification placements”
Page 14, Section 8, Line 32: Delete “registration” and insert “certification”
Page 14, Section 8, Line 33: After “State”
insert “that make high physical demand placementdesignated
classification placements”
Page 14, Section 8, Line 34: Delete “registration” and insert “certification”
Page 14, Section 8, Line 37: After “State”
insert “that make high physical demand placementdesignated
classification placements”
Page 14, Section 8, Line 38: Delete “registration” and insert “certification”
Page 14, Section 8, Line 39: Delete “registration” and insert “certification”
Page 14, Section 8, Line 40: Delete “commissioner” and insert “director”
Page 14, Section 8, Line 41: After “firm”
insert “that makes high physical demand placementdesignated
classification placements and”
Page 14, Section 8, Line 41: Delete “register with the commissioner” and insert “obtain a certification from the director”
Page 14, Section 8, Line 46: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 14, Section 8, Line 47: Delete “registered” and insert “certified”
Page 14, Section 8, Line 47: Delete “commissioner” and insert “director pursuant to this section”
Page 15, Section 8, Line 2: Delete “commissioner” and insert “director”
Page 15, Section 8, Line 5: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 15, Section 8, Line 8: Delete “commissioner” and insert “director”
Page 15, Section 8, Line 16: Delete “commissioner” and insert “director”
Page 15, Section 8, Line 18: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 15, Section 8, Line 20: Delete “commissioner” and insert “director”
Page 15, Section 8, Line 33: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 15, Section 8, Line 33: Delete “registration” and insert “certification”
Page 15, Section 8, Line 35: Delete “commissioner” and insert “director”
Page 15, Section 8, Line 36: Delete “registration” and insert “certification”
Page 15, Section 8, Line 45: Delete “b.” and insert “a.”
Page
15, Section 8, Line 45: Delete “
of section 7” and insert “a. of section 8”
Page 16, Section 8, Line 8: After “bill)”
insert “and section 14 of P.L.1981, c. 1
(C.56:8-1.1),”
Page 16, Section 8, Line 16: Delete “register” and insert “obtain or renew a certification”
Page 16, Section 8, Line 17: After “firm” insert “that makes designated classification placements”
Page 16, Section 8, Line 22: After “registration” insert “or certification”
Page 16, Section 8, Line 26: After “firm”
insert “that makes high physical demand placementdesignated
classification placements”
Page 16, Section 8, Line 32: After “laborers”
insert “in high physical demand placementdesignated
classification placements”
Page 16, Section 8, Line 34: After “firms”
insert “that make high physical demand placementdesignated
classification placements”
Page 16, Section 8, Line 37: Delete “register” and insert “obtain or renew a certification”
Page 16, Section 8, Line 38: Delete “operate” and insert “make designated classification placements”
Page 16, Section 8, Line 39: After “section.”
insert “g. Notwithstanding any law, rule, or
regulation to the contrary, any person or entity that meets the definition of
temporary help service firm and that makes high physical demand
placementdesignated classification
placements as those terms are defined in section 2 of P.L. ,
c. (C. ) (pending before the Legislature as this bill), shall obtain
a certification pursuant to this section and otherwise comply with the
provisions of P.L. , c. (C. ) (pending before the Legislature as
this bill), regardless of whether the person or entity is licensed or
registered as one or more of the entities identified in section 1 of P.L.1989,
c.331 (C.34:8-43).
h. The
requirements of this section shall be in addition to those imposed by any other
applicable law, rule, or regulation, including section 14 of P.L. 1981,
c. 1 (C.56:8-1.1) and any rules or
regulations promulgated thereunder. A
temporary help service firm shall not receive a certification under this
section unless it is either registered as a temporary help service firm
pursuant to section 14 of P.L. 1981,
c. 1 (C.56:8-1.1) and any rules or
regulations promulgated thereunder, or licensed or registered as an entity
authorized by any other law, rule, or regulation to provide temporary help
services.”
Page 16-17,
Section 9, Lines 41-47243: Delete
in their entirety and insert “It is a violation of P.L. , c. (C. )
(pending before the Legislature as this bill) for a third party client to enter
into aAfter “contract”
insert “with a temporary help service firm
not certified under section 8 of P.L. , c. (C. ) (pending before
the Legislature as this bill),”
Page 16, Section 9, Line 43: Delete “employment” and insert “assignment”
Page
16, Section 9, Line 44: Delete
“with a temporary help service firm not registered” and insert “
for the assignment of a temporary laborer to a high physical demand
placementdesignated classification
placement”
Page 16, Section 9, Line 45: Delete in its entirety
Page 16, Section 9, Line 46: Delete “Legislature as this bill)”
Page 16, Section 9, Line 47: Delete “commissioner” and insert “director”
Page
17, Section 9, Line 1: After
“firm” insert “. A
third party client shall verify a temporary help service firm’s status with the
director before entering into a contract with the temporary help service firm
for the assignment of a temporary laborer to a high physical demand
placementdesignated classification
placement, and on March 1 and September 1 of each year.”
Page
17, Section 9, Lines 1-2: Delete
in their entirety
Page 17, Section 9, Lines 43-16: Delete
“registration” and insert “certification”
Page 17, Section 9, Line 5: Delete “commissioner” and insert “director”
Page
17, Section 9, Line 5: After
“contract” insert “in their entirety
and insert “A temporary help service firm shall provide each of its third party
clients with proof of valid certification issued by the director at the time of
entering into a contract for the assignment of a temporary laborer
to a high physical demand placementdesignated
classification placement.”
Page
17, Section 9, Line 7: Delete
“employs” and insert “ A
temporary help service firm shall be required to notify, both by telephone and
in writing, each temporary laborer it assigns to a high
physical demand placementdesignated
classification placement”
Page
17, Section 9, Line 8: After
“contract” insert and each third party
client with whom it has a contract “for
the assignment of a temporary laborer to a high physical demand
placementdesignated classification
placement”
Page 17, Section 9, Line 9: Delete “or”
Page 17, Section 9, Line 9: After “revocation” insert “, or non-renewal”
Page 17, Section 9, Line 9: Delete “registration” and insert “certification”
Page 17, Section 9, Line 9: Delete “commissioner” and insert “director”
Page
17, Section 9, Line 11: After
“client” insert “ within 24 hours of
any denial, suspension, revocation, or non-renewal of its certification by the
director. All contracts between any temporary
help service firm and any third party client for the assignment of
a temporary laborer to a high physical demand placementdesignated
classification placement”
Page 17, Section 9, Line 12: Delete “or”
Page 17, Section 9, Line 12: After “revocation” insert “, or non-renewal”
Page 17, Section 9, Line 12: Delete “registration” and insert “certification”
Page 17, Section 9, Line 14: Delete “registered” and insert “certified”
Page 17, Section 9, Line 14: Delete “commissioner” and insert “director”
shall be considered null and void from the date any
denial, suspension, revocation, or non-renewal of certification becomes
effective and until such time as the temporary help service firm becomes
certified and considered in good standing by the director as provided in
section 8 of P.L. , c. (C. ) (pending before the Legislature as
this bill).”
Page 17, Section 9, Line 17: Delete “commissioner” and insert “director”
Page 17, Section 9, Line 18: Delete “registered” and insert “certified”
Page 17, Section 9, Line 18: After “firms” insert “pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill)”
Page 17, Section 9, Lines 19-212: Delete
in their entirety
Page
17, Section 19, Line 22: Delete
““The commissioner
shall share a list of all registered temporary help service firms with the
Division of Consumer Affairs, and the division shall provide on its Internet
website a list of entities registered as temporary help service
firms.”
Page 17, Section 9, Line 23: Delete “commissioner” and insert “director”
Page 17, Section 9, Line 247: Delete
“division’s” and insert “Division of Consumer
Affairs’” [BL[7] [KM8]
Page 17, Section 9, Line 27: Delete “commissioner” and insert “director”
Page 17, Section 9, Line 31: Delete “registered” and insert “certified”
Page 18, Section 10, Line 1: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 18, Section 10, Line 4: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 18, Section 10, Line 14: After “laborer”
insert “in a high physical demand placementdesignated
classification placement”
Page 20, Section 12, Line 6: Delete “commissioner” and insert “director”
Page 20, Section 12, Line 7: After “deny,” insert “suspend,”
Page 20, Section 12, Line 7: Delete “registration” and insert “certification”
Page 20, Section 12, Lines
10-20: Delete “commissioner” and
insert “director”
Page 20, Section 12, Line 11: After “denial,” insert “suspension of,”
Page 20, Section 12, Line 12: Delete “registration” and insert “certification”
Page
20, Section 12, Line 12: After “denial,”, insert “suspension
of,”
Page 20, Section 12, Line 13: Delete “commissioner shall also notify the”
Page
20, Section 12, Line 14: After
“Affairs” insert “ in their entirety
and insert “The director shall notify a temporary help service firm in writing
by mail of the denial, suspension of, revocation of, or refusal to renew the
certification and the reason for the denial, suspension, revocation, or
refusal. The Division of Consumer Affairs shall
update the list of temporary help service firms certified to make high
physical demand placementdesignated
classification placements on its website to reflect”
Page 20, Section 12, Line 14: Delete “of”
Page 20, Section 12, Line 14: After “denial,” insert “suspension,”
Page 20, Section 12, Line 14: Delete “registration” and insert “certification”
Page 20, Section 12, Line 15: Delete “, and the division shall update its”
Page 20, Section 12, Line 16: Delete in its entirety
Page 20, Section 12, Line 17: Delete “Consumer Affairs’ website to reflect these changes”
Page 20, Section 12, Line 18: Delete “commissioner” and insert “director”
Page 20, Section 12, Line 18: After “deny,” insert “suspend,”
Page 20, Section 12, Line 18: Delete “registration” and insert “certification”
any
denial, suspension, revocation, or refusal to renew the certification of a
temporary help service firm. The
director may deny, suspend, revoke, or refuse to renew any certification issued
under section 8 of P.L. , c. (C. ) (pending before the Legislature
as this bill) on the following grounds:”
Page 20, Section 12, Line 22: Delete “registration” and insert “certification”
Page 20, Section 12, Line 24: After “obtain” insert “or maintain”
Page 20, Section 12, Line 29: Delete “registration” and insert “certification”
Page 20, Section 12, Line 44: After “commissioner” insert “or the director”
Page 20, Section 12, Line 46: After “or” insert “issued by the commissioner pursuant to”
Page 20, Section 12, Line 47: Delete “or”
Page 21, Section 12, Line 3: Delete
“.” AndAfter “law”
insert “; or (6) The
temporary help service firm has committed one or more violations of P.L. ,
c. (C. ) (pending before the Legislature as this bill), that have
jeopardized the public health, safety, or welfare, or that call into question
the firm’s ability to operate as a temporary help service firm in compliance
with P.L. , c. (C. ) (pending before the Legislature as this
bill).
c.
If a temporary help service firm’s
application for initial registration or renewal is denied pursuant to section
14 of P.L. 1981, c. 1
(C.56:8-1.1) or any rules or regulations promulgated thereunder, or if a
temporary help service firm’s registration is suspended, revoked, or not
renewed for any reason, the director shall take the same action against the
temporary help service firm with respect to an application or a certification
under section 8 of P.L. , c. (C. ) (pending before the Legislature
as this bill). If a person or entity that holds or
seeks a license or registration that authorizes the person or entity to provide
temporary help services pursuant to any other law, rule, or regulation is
denied such license or registration, or if such license or registration is
suspended, revoked, or not renewed for any reason, the director shall take the
same action against the temporary help service firm with respect to an
application or a certification under section 8 of P.L. , c. (C. )
(pending before the Legislature as this bill).
d.
The director shall not deny, revoke, or refuse to renew a certification under
this section except upon reasonable notice to, and opportunity to be heard by,
the applicant or certification-holder. The
director may, if the director finds it to be in the public interest, suspend a
certification for any period of time that the director determines to be proper,
or assess a penalty in lieu of suspension, or both, and may issue a new
certification, notwithstanding the revocation of a prior certification,
provided the director finds the applicant to have become entitled to a new
certification.”
Page 22, Section 13, Lines 45-47: Delete in their entirety
Page 24, Section 13, Line 376: Delete
“(cf: P.L.1989, c.331, s.1)” and insertInsert new sections:
“14. The
rights and obligations established by P.L. , c. (C. ) (pending
before the Legislature as this bill) shall be in addition to those set forth in
P.L.1960, c.39 (C.56:8-1 et seq.) and any rules or regulations promulgated
thereunder; P.L.1989, c.331 (C.34:8-43 et seq.) and any rules or regulations
promulgated thereunder; and any other applicable law, rule, or regulation.
15. There is appropriated from the General Fund to the Department of Labor and Workforce Development the sum of $1,000,000 for the purpose of funding the Department’s activities under P.L. , c. (C. ) (pending before the Legislature as this bill).”
Page 24, Section 14, Lines
38-39: Delete “14.” and insert
“16.”
Page 25, Section 14, Line 38: Delete “90th” and insert “180th”
Page
25, Section 14, Line 39: After
“enactment” insert in their entirety
and insert “16. This act shall take effect on the
180th day after enactment, “, except
that sections 3 and 10 shall
take effect on the 90th day after the date of enactment, provided however that
the commissioner and director may take such anticipatory action as deemed
necessary prior to the effective date.”
Respectfully,
[seal][seal]
/s/ /s/ Philip D. Murphy
Governor
Attest:
/s/ /s/ Parimal
GargKate
McDonnell
Senior Deputy Chief Counsel to the Governor
[CA[1]Kate – this reflects the change to remove the proposed language regarding exclusions for professional/clerical employees, but leaves in the existing language regarding exclusions for agricultural crew leaders.
[BL[2]Why is the “a” deleted??
[PR[3]Is this a duplicate or should it be a different line number 36?
[BL[4]If it is Delete in their entirety we are wondering if you still need to keep the “c.” or is it a part of “b” now?
[BL[5]99% sure you can’t do it like you did so I did it this way.
[BL[6]Do we need to add “a.” and will it stay section 8 or do we need to add that also. (talk to us – you delete “b” but then not “c”
[BL[7]Did you mean line 24 “division” or 27 “divisions”
[KM8]24