N.J. Admin. Code § 12:72-3.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 12:72-3.1 - Assignment notification statement at dispatch

(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 https://www.ni.aov/labor/waaeandhour/.

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.

N.J. Admin. Code § 12:72-3.1

Adopted by 56 N.J.R. 1852(c), effective 9/16/2024