New Jersey § 34:8d-7

§ 34:8d-7.

a. (1) No temporary help service firm shall restrict the right of a temporary laborer

in a designated classification placement to accept a permanent position with a third

party client to whom the temporary laborer has been referred for work, restrict the

right of a third party client to offer employment to a temporary laborer, or restrict

the right of a temporary laborer to accept a permanent position for any other employment. A temporary help service firm may charge a placement fee to a third party client

for employing a temporary laborer in a designated classification placement for whom

a contract for work was effected by the temporary help service firm not to exceed

the equivalent of the total daily commission rate the temporary help service firm

would have received over a 60-day period, reduced by the equivalent of the daily commission

rate the temporary help service firm would have received for each day the temporary

laborer has performed work for the temporary help service firm in the preceding 12

months. (2) Any temporary help service firm which charges a placement fee to a third party

client for employing a temporary laborer in a designated classification placement

shall include on the wage payment and notice form of each affected temporary laborer

the maximum amount of a fee that shall be charged to a third party client by the temporary

help service firm, and the total amount of actual charges to the third party client

for the temporary laborer during each pay period compared to the total compensation

cost for the temporary laborer, including costs of any benefits provided. Failure to provide the required information shall constitute a separate violation

for each day the temporary help service firm fails to provide the required information. No fee provided for under this section shall be assessed or collected by the temporary

help service firm when a temporary laborer in a designated classification placement

is offered permanent work following the suspension, revocation, or non-renewal of

the temporary help service firm's certification by the director. b. Any temporary laborer assigned to work at a third party client in a designated

classification placement 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. Each violation of this subsection for each affected temporary laborer shall constitute

a separate violation under section 11 of P.L.2023, c. 10 ( C.34:8D-11 ). c. Any temporary help service firm that violates this section shall be subject to

a civil penalty not to exceed $5,000 for each violation found by the commissioner. That penalty 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. ). d. If a third party client leases or contracts with a temporary help service firm

for the services of a temporary laborer in a designated classification requirement,

the third party client shall be, with the temporary help service firm, jointly and

severally responsible for any violation of this section, including with respect to

relief provided by section 11 of P.L.2023, c. 10 ( C.34:8D-11 ) and civil penalties found by the commissioner.