Bill Text: NJ A4832 | 2018-2019 | Regular Session | Introduced
Bill Title: Regulates temporary help service firms; expands civil rights protections of certain job seekers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-15 - Introduced, Referred to Assembly Labor Committee [A4832 Detail]
Download: New_Jersey-2018-A4832-Introduced.html
Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
SYNOPSIS
Regulates temporary help service firms; expands civil rights protections of certain job seekers.
CURRENT VERSION OF TEXT
As introduced.
An Act regulating temporary help service firms and amending and supplementing P.L.1981, c.1 and amending P.L.2007, c.15.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 14 of P.L.1981, c.1 (C.56:8-1.1) is amended to read as follows:
14. Services provided by a temporary help service firm shall constitute services within the term "merchandise" pursuant to P.L.1960, c.39, s.1 (C.56:8-1(c)), and the provisions of P.L.1960, c.39 (C.56:8-1 et seq.) shall apply to the operation of a temporary help service firm.
The Attorney General shall promulgate rules and regulations pursuant to section 4 of P.L.1960, c.39 (C.56:8-4). The Attorney General shall, by rule or regulation, establish, prescribe or change an annual registration fee or other charge on temporary help service firms to such extent as shall be necessary to defray all proper expenses incurred by his office in the performance of its duties under this section of this act but such registration fees or other charges shall not be fixed at a level that will raise amounts in excess of the amount estimated to be so required. In addition to any other appropriate requirements, the Attorney General shall, by rule or regulation require the following:
a. Each temporary help service firm operating within the State of New Jersey shall, prior to the effective date of this act or commencement of operation and annually thereafter, notify the Attorney General as to its appropriate name, if applicable; the trade name of its operation; its complete address, including street and street number of the building and place where its business is to be conducted; and the names and resident addresses of its officers. Each principal or owner shall provide an affidavit to the Attorney General setting forth whether such principal or owner has ever been convicted of a crime.
b. When a temporary help service firm utilizes any location other than its primary location for the recruiting of applicants, including mobile locations, it shall notify the Office of the Attorney General of such fact in writing or by telephone, and subsequently confirm in writing prior to the utilization of such facility.
c. Each temporary help service firm shall at the time of its initial notification to the Attorney General, and annually thereafter, post a bond of [$1,000.00] $10,000 with the Attorney General to secure compliance with P.L.1960, c. 39 (C. 56:8-1 et seq.) [, provided however that the Attorney General may waive such bond for any corporation or entity having a net worth of $100,000 or more].
d. Any temporary help service firm, as the term is used in P.L.1960, c.39 (C.56:8-1 et seq.), P.L.1989, c.331 (C.34:8-43 et seq.) or this section, which places individuals in work which requires them to obtain transportation services to get to, or return from, the site of the work shall be subject to the provisions of this subsection, except that the provisions of this subsection shall not apply if the firm requires the individuals to use their own vehicles or other transportation of their choice, for transportation to and from work and shall not apply if public transportation is available at the times needed for them to get to, and return from, the site of the work and the firm permits them to use the public transportation. If the firm provides transportation services with any vehicle owned, leased or otherwise under the control of the firm, the firm shall be responsible for compliance with the provisions of R.S.48:4-3 et seq. and any other applicable law or regulation regarding the vehicle and its use and shall keep records in the manner required by regulations adopted by the Attorney General in consultation with the New Jersey Motor Vehicle Commission. If the firm does not provide transportation services, but refers, directs or requires the individuals to use any other provider or providers of transportation services, or provides no practical alternative to the use of services of the provider or providers, the firm shall obtain, and keep on file, documentation that each provider is in compliance with the provisions of R.S.48:4-3 et seq. and any other applicable law or regulation in the manner required by regulations adopted by the Attorney General in consultation with the New Jersey Motor Vehicle Commission. The firm may not require the individuals to use transportation provided by the firm or another provider of transportation services if they have other transportation available. A failure to comply with the provisions of this subsection, including all record-keeping requirements of this subsection, shall be regarded as an unlawful practice and a violation of this section, of P.L.1960, c.39 (C.56:8-1 et seq.) and of R.S.48:4-3 et seq. and a temporary help service firm found to be in violation shall be subject to penalties provided for violations of those acts, and shall be jointly and severally liable with the provider of transportation services for any injury which occurs to the individuals while being transported in a vehicle owned, leased or otherwise under the control of the provider. In the case of noncompliance with the provisions of this section on more than one occasion, the Attorney General may suspend or revoke the firm's registration as a temporary help service firm for the purposes of this section, P.L.1960, c.39 (C.56:8-1 et seq.) and P.L.1989, c.331 (C.34:8-43 et seq.).
e. Every temporary help service firm shall:
(1) keep and make available to the Attorney General, during regular business hours, records containing information regarding services provided to individuals and records required pursuant to subsection d. of this section, and any other information required by the Attorney General to determine compliance with P.L.1960, c.39 (C.56:8-1 et seq.) and P.L.1989, c.331 (C.34:8-43 et seq.), and any other laws or regulations that may apply; and
(2) give to each individual a copy of every writing the individual has signed. Any forms distributed to individuals seeking or placed in work by the firm shall comply with the requirements of P.L.1980, c.125 (C.56:12-1 et seq.).
(cf: P.L.2007, c.14, s.1)
2. Section 1 of P.L.2007, c.15 (C.56:8-1.2) is amended to read as follows:
1. It shall be an unlawful practice for a temporary help service firm, as the term is used in P.L.1960, c.39 (C.56:8-1 et seq.), section 14 of P.L.1981, c.1 (C.56:8-1.1) and P.L.1989, c.331 (C.34:8-43 et seq.), to willfully withhold or divert wages for any purpose not expressly permitted by section 4 of P.L.1965, c.173 (C.34:11-4.4). In addition to any fine or penalty, the Attorney General may refuse to issue or renew, and may suspend or revoke a firm's registration to operate as a temporary help service firm for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), section 14 of P.L.1981, c.1 (C.56:8-1.1), P.L.1989, c.331 (C.34:8-43 et seq.) and related regulations for a violation of this section, section 14 of P.L.1981, c.1 (C.56:8-1.1), or section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). A refusal, suspension or revocation shall not be made except upon reasonable notice to, and the opportunity to be heard by, the applicant or registrant.
(cf: P.L.2007, c.15, s.1)
3. (New section) a. Every temporary help service firm shall post in a prominent place where the postings may be easily seen and read by all persons visiting the firm, on notices to be promulgated by the Attorney General:
(1) any notices required to be posted by any employer in the State pursuant to federal or State law or regulation; and
(2) a notice informing job seekers of the civil rights protections provided pursuant to this section or section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and providing contact information for the reporting of violations.
b. No temporary help service firm shall refuse to place an individual in work or to discriminate against an individual in compensation or in terms, conditions or privileges of employment in which the individual is placed because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer. Nothing in this subsection shall be construed to bar a temporary help service firm from refusing to place an employee on the basis of sex in those certain circumstances where sex is a bona fide occupational qualification that is reasonably necessary to the normal operation of the particular business or enterprise.
c. Violations of subsection b. of this section shall be in addition to any other right to recovery an individual may have under State or federal law.
4. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill increases regulation of temporary help service firms and expands the civil rights protections of job seekers who use employment agencies.
Specifically, the bill increases the bonding requirements that currently apply to temporary help service firms, requiring the firms to post a bond of $10,000.
The bill also requires temporary help service firms to post in a prominent place where the postings may be easily seen and read by all persons visiting the firm:
(1) any notices required to be posted by any employer in the State pursuant to federal or State law or regulation; and
(2) a notice informing job seekers of the civil rights protections provided to job seekers pursuant to the bill, and providing contact information for the reporting of violations.
The bill also provides that every temporary help service firm must:
(1) keep and make available to the Attorney General, during regular business hours, records containing information regarding services provided to individuals and records required pursuant to current law, and any other information required by the Attorney General to determine compliance with relevant laws or regulations that may apply; and
(2) give to each individual a copy of every writing the individual has signed.
The bill provides that it is a violation for a temporary help service firm to refuse to place an individual in work or to discriminate against an individual in compensation or in terms, conditions or privileges of employment in which the individual is placed because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, genetic information, pregnancy or breastfeeding, sex, gender identity or expression, disability or atypical hereditary cellular or blood trait of any individual, or because of the liability for service in the Armed Forces of the United States or the nationality of any individual, or because of the refusal to submit to a genetic test or make available the results of a genetic test to an employer. The bill is not to be construed to bar a temporary help service firm from refusing to place an employee on the basis of sex in those certain circumstances where sex is a bona fide occupational qualification that is reasonably necessary to the normal operation of the particular business or enterprise.
