N.J. Admin. Code § 13:45B-4.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45B-4.6 - Temporary placement operation (functioning in conjunction with an employment agency and integrated)

(a) For purposes of this section, "temporary placement operation" means an operation integrated with a licensed employment agency that assigns job seekers to assist the agency's customers in handling temporary, excess, or special work loads, for a fee paid by the job seeker or the customer. A "temporary placement operation" differs from a temporary help service firm in that neither the temporary placement operation nor the employment agency with which it is integrated does any of the following things:

1. Pays a wage or salary to the employed individual;

2. Pays or is required to pay Federal social security taxes and State and Federal unemployment insurance;

3. Is required to carry workers' compensation insurance covering the employed individual; or

4. Sustains responsibility for the actions of the employed individuals while they render services to the agency's customers.

(b) If a licensed employment agency provides temporary placement services as described in (a) above, the temporary placement operation function shall be subject to the requirements of 34:8-43 et seq. and N.J.A.C. 13:45B-1 through 4 and 7, 8, 15 and 16, as well as this section.

(c) Employment agencies may integrate the permanent placement and temporary placement operations, provided that:

1. In addition to the fee schedule for permanent placements, employment agencies shall submit a fee schedule for temporary placements;

2. An employment agency shall charge the employer or the job seeker a fee based on the fee schedule the agency has submitted to the Section;

3. All personnel acting as representatives for an employment agency, who are soliciting business, furnishing help or employment, or furnishing information as to where help or employment may be obtained, or who manage, operate or carry on the business of an employment agency are required to be licensed;

4. An employment agency is not permitted to conduct business at an unlicensed location, unless the agency holds a special permit for an activity, pursuant to 13:45B-3.1(b) and pays a fee of $ 10.00 as set forth in 13:45B-7.1; and

5. Job seekers are clearly informed in writing that a particular position is temporary or permanent.

N.J. Admin. Code § 13:45B-4.6

Amended by R.1995 d.190, effective 4/3/1995.
See: 26 N.J.R. 4316(a), 27 N.J.R. 1430(a).
Amended by R.2008 d.92, effective 4/21/2008.
See: 40 N.J.R. 91(b), 40 N.J.R. 2118(a).
In (b), substituted "15 and 16" for "12 and 13".