The Business Growth Protection Act seeks to amend existing laws related to temporary help service firms and temporary laborers in New Jersey, enhancing protections for laborers while ensuring compliance from firms. Key provisions include the introduction of definitions such as "designated classification placement" and "hourly commission rate," as well as the clarification that temporary laborers do not include agricultural crew leaders registered under federal law. The Act mandates that temporary help service firms maintain detailed records of transactions, provide itemized wage statements, and prohibits charging laborers for cashing checks or background checks. It also ensures that laborers are paid at least the minimum wage and protects their rights to accept permanent positions with third-party clients.
Additionally, the bill revises the payment structure for temporary laborers, ensuring they receive at least the entry-level pay rate of client employees, and imposes civil penalties for violations. The surety bond requirement for firms is adjusted, reducing the minimum bond from $200,000 to $50,000, while also capping it based on the firm's revenue. The legislation also modifies the rebuttable presumption of retaliation concerning assignment terminations, stating that no presumption will arise solely from the termination of a scheduled temporary assignment. Overall, the Act aims to improve labor conditions and accountability within the temporary help service industry while addressing concerns that current regulations may deter third-party clients from utilizing New Jersey-based laborers.
Statutes affected: Introduced: 34:8D-2, 34:8D-4, 34:8D-6, 34:8D-7, 34:8D-8, 34:8D-10