N.J. Admin. Code § 12:72-3.2

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

Section 12:72-3.2 - Notice of change on multi-day assignment

(a) For a multi-day assignment, when there is a change in the schedule, shift, or location, the temporary help service firm shall, when possible, provide notice 48 hours in advance of the change to the temporary laborer in a manner appropriate to whether the assignment was 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 remotely by text, email, or other electronic exchange, the temporary help service firm shall provide the temporary laborer with notice of the change in schedule, shift, or location (and obtain acknowledgment of receipt of the notice of change 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 notice of the change or acknowledge receipt of the notice of change.

2. Where the assignment is accepted by telephone or in-person at the office of the temporary help service firm, the temporary help service firm shall at the time of dispatch provide the temporary laborer the option of receiving notices of change in schedule, shift, or location (and acknowledging receipt of notices of change if the temporary help service firm intends to do so) either by:

i. Telephone;

ii. Text, email, or other electronic exchange; or

iii. Traveling to the office of the temporary help service firm.

(b) The temporary help service firm shall bear the burden of showing that it was not possible to provide the required notice.

(c) In the event that the Commissioner imposes an administrative penalty against a temporary help service firm pursuant to N.J.A.C. 12:72-1.2 for failure to provide the notice of change required pursuant to this section and the temporary help service firm requests a hearing pursuant to N.J.A.C. 12:72-1.3 to challenge the administrative penalty, any dispute concerning whether it was possible for the temporary help service firm to provide the notice of change required pursuant to this section shall be adjudicated during that hearing.

N.J. Admin. Code § 12:72-3.2

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