New Jersey § 34:8d-8

§ 34:8d-8.

a. A temporary help service firm which is located, operates, or transacts business

within this State shall not make any designated classification placements unless it

is certified by the director to do so, in accordance with rules adopted by the director

and shall be subject to P.L.2023, c. 10 ( C.34:8D-1 et al.). Each temporary help service firm seeking certification to make designated classification

placements shall provide proof of an employer account number issued by the commissioner

for the payment of unemployment insurance contributions as required under the “unemployment

compensation law,” R.S.43:21-1 et seq. ; proof of valid workers' compensation insurance in effect at the time of certification

covering all of its employees; on a form created by the director, the number of temporary

laborers previously in designated classification placements whom the temporary help

service firm has placed in a permanent position with a third party client in the preceding

12 months as well as the percentage those permanent placements represent of the total

number of temporary laborers in designated classification placements contracted by

the temporary help service firm during the same period; and such other information

as the director may require pursuant to rules adopted under this section. If, at any time, the workers' compensation insurance coverage for a temporary help

service firm that makes designated classification placements lapses, the temporary

help service firm shall have an affirmative duty to report the lapse of coverage to

the director and the temporary help service firm's certification shall be suspended

until the firm's workers' compensation insurance is reinstated. A temporary help service firm shall inform the director of any change or addition

to the information required under this subsection within 30 days of the change or

addition. The director shall assess each temporary help service firm seeking certification to

make designated classification placements a non-refundable certification fee not exceeding

$2,000 per year per temporary help service firm and a non-refundable fee not to exceed

$750 per year for each branch office or other location where the temporary help service

firm regularly conducts its business, including but not limited to contracting with

and recruiting with temporary laborers for designated classification placement services. The fee shall be paid by check or money order, and the director may not refuse to

accept a check on the basis that it is not a certified check or a cashier's check. The director may charge an additional fee to be paid by a temporary help service

firm that makes designated classification placements if the firm, or any person on

the firm's behalf, issues or delivers a check to the director that is not honored

by the financial institution upon which it is drawn. The director shall adopt rules for violation hearings and penalties for violations

of P.L.2023, c. 10 ( C.34:8D-1 et al.). The director shall give the commissioner access to any information that the director

receives pursuant to this section. b. It is a violation of P.L.2023, c. 10 ( C.34:8D-1 et al.) to operate a temporary help service firm that makes designated classification

placements without being certified by the director in accordance with subsection a.

of this section. The Division of Consumer Affairs in the Department of Law and Public Safety shall

create and maintain on its Internet website, accessible to the public: (1) a list of all certified temporary help service firms in the State that make designated

classification placements whose certification is in good standing; (2) a list of temporary help service firms in the State that make designated classification

placements whose certification has been suspended, including the reason for the suspension,

the date that the suspension was initiated, and the date, if known, that the suspension

is to be lifted; and (3) a list of temporary help service firms in the State that make designated classification

placements whose certification has been revoked, including the reason for the revocation

and the date that the certification was revoked. The director shall assess a penalty against any temporary help service firm that makes

designated classification placements and that fails to obtain a certification from

the director in accordance with P.L.2023, c. 10 ( C.34:8D-1 et al.) or any rules adopted under P.L.2023, c. 10 ( C.34:8D-1 et al.) of $5,000 for each violation. Each day during which a person operates as a temporary help service firm that makes

designated classification placements without being certified as a temporary help service

firm with the director pursuant to this section shall be a separate and distinct violation

of P.L.2023, c. 10 ( C.34:8D-1 et al.). That penalty shall be collected by the director in a summary proceeding in accordance

with the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). A temporary help service firm that makes designated classification placements shall

obtain a surety bond issued by a surety company admitted to do business in this State. The principal sum of the bond shall not be less than $200,000. A copy of the bond shall be filed with the director. The bond required by this section shall be in favor of, and payable to, the people

of the State of New Jersey, and shall be for the benefit of any temporary laborer

damaged by the temporary help service firm's failure to pay wages, interest on wages,

or fringe benefits, or damaged by violation of this section. Thirty days prior to the cancellation or termination of any surety bond required by

this section, the surety shall send written notice to both the temporary help service

firm and the director identifying the bond and the date of the cancellation or termination. A temporary help service firm that makes designated classification placements shall

not conduct any business until it obtains a new surety bond and files a copy of it

with the director. This subsection shall not apply to a temporary help service firm whose temporary laborers

are covered by a valid collective bargaining agreement, if the agreement expressly

provides for: (1) Wages; (2) Hours of work; (3) Working conditions; (4) An expeditious process to resolve disputes concerning nonpayment of wages; (5) Documentation of its current workers' compensation insurance policy in effect

for the temporary laborers; and (6) Compliance with all provisions of this section. c. The principal executive officer of a temporary help service firm that makes designated

classification placements shall certify under oath at the time of certification of

the temporary help service firm each year on a form created by the director that: (1) the signing officer has reviewed the certification form of the temporary help

service firm and confirmed the information is true and accurate to the best of the

officer's knowledge; (2) the signing officer has reviewed the recordkeeping practices of the temporary

help service firm and confirmed that the recordkeeping practices comply with the requirements

of section 4 of P.L.2023, c. 10 ( C.34:8D-4 ) to the best of his or her knowledge; (3) the signing officer has reviewed the temporary help service firm's filing as required

by subsection a. of section 8 of P.L.2023, c. 10 ( C.34:8D-8 ), related to the placement of temporary laborers in permanent positions with third

party clients and has confirmed that those practices comply with the requirements

of section 7 of P.L.2023, c. 10 ( C.34:8D-7 ) and section 14 of P.L.1981, c. 1 ( C.56:8-1.1 ), to the best of the officer's knowledge; (4) the signing officer has reviewed the temporary help service firm's practices related

to the transportation of temporary laborers and has confirmed that those practices

comply with the requirements of section 5 of P.L.2023, c. 10 ( C.34:8D-5 ) to the best of the officer's knowledge; (5) the signing officer has reviewed and is responsible for the surety bond posted

by the temporary help service firm and its renewals; and (6) the signing officer: (a) is responsible for establishing and maintaining internal controls to comply with

the recordkeeping requirements; and (b) has evaluated the effectiveness of the internal controls. d. An applicant is not eligible to obtain or renew a certification to operate a temporary

help service firm that makes designated classification placements under P.L.2023, c. 10 ( C.34:8D-1 et al.) if the applicant or any of its officers, directors, partners, or managers

or any owner having 25 percent or greater beneficial interest: (1) has been involved, as owner, officer, director, partner, or manager, of a temporary

help service firm the registration or certification of which has been revoked or suspended

without being reinstated within the five years immediately preceding the filing of

the application; or (2) is under the age of 18. e. Every temporary help service firm that makes designated classification placements

shall post and keep posted at each location, in a position easily accessible to all

employees, notices as supplied and required by the commissioner containing a copy

or summary of the provisions of P.L.2023, c. 10 ( C.34:8D-1 et al.), and a notice which informs the public of a toll-free telephone number operated

by the commissioner for temporary laborers in designated classification placements

and the public to file wage dispute complaints and other alleged violations by temporary

help service firms that make designated classification placements. The notices shall be in English or any other language generally understood in the

locale of the temporary help service firm. f. No temporary help service firm shall be permitted to obtain or renew a certification

to make designated classification placements in New Jersey until it has complied with

the requirements of this section. g. Notwithstanding any law, rule, or regulation to the contrary, any person or entity

that meets the definition of temporary help service firm and that makes designated

classification placements as those terms are defined in section 2 of P.L.2023, c. 10 ( C.34:8D-2 ), shall obtain a certification pursuant to this section and otherwise comply with

the provisions of P.L.2023, c. 10 ( C.34:8D-1 et al.), regardless of whether the person or entity is licensed or registered as

one or more of the entities identified in section 1 of P.L.1989, c. 331 ( C.34:8-43 ). h. The requirements of this section shall be in addition to those imposed by any other

applicable law, rule, or regulation, including section 14 of P.L.1981, c. 1 ( C.56:8-1.1 ) and any rules or regulations promulgated thereunder. A temporary help service firm shall not receive a certification under this section

unless it is either registered as a temporary help service firm pursuant to section

14 of P.L.1981, c. 1 ( C.56:8-1.1 ) and any rules or regulations promulgated thereunder, or licensed or registered as

an entity authorized by any other law, rule, or regulation to provide temporary help

services.