One aspect of the new law eliciting a sigh of relief from the staffing industry is the law's limited (though still broad) coverage. Under the law, only temporary laborers in certain occupations with "the greatest risk of exploitation" are entitled to the law's benefits and protections. Specifically, application of the new law is limited to "temporary laborers" placed in an assignment by a covered temporary help service firm to perform work in any of the following occupational categories (as designated by the U.S. Bureau of Labor Statistics):

Food preparation and serving (35-0000 Food Preparation and Serving Related Occupations).
Production such as laundry and dry cleaning, food processing, textile, and wood workers (51-0000 Production Occupations).
Construction (47-30000 Helpers, Construction Trades; 47-2060 Construction Laborers).
Transportation and moving such as drivers, parking attendants and material moving (53-0000 Transportation and Material Moving Occupations).
Personal care and service, such as amusement, entertainment and dressing room attendants (39-0000 Personal Care and Service Occupations).
Building and grounds cleaning and maintenance such as janitors, cleaners and landscaping workers (37-0000 Building and Grounds Cleaning and Maintenance Occupations).
Protective service such as security guards and crossing guards (33-9000 Other Protective Service Workers).
Installation, maintenance and repair (49-0000 Installation, Maintenance, and Repair Occupations).
Any successor categories as the Bureau of Labor Statistics may designate.

Assignment notification

The New Jersey Department of Labor and Workforce Development (NJDOL) recently issued the Temporary Laborer Assignment Notification form that all temporary help service firms must now complete and provide to each covered temporary laborer upon assignment to a temporary position. The notice requirement, which went into effect on May 7, 2023, provides temporary workers with specifics about the assignment including the name, address and contact information of the temporary staffing agency and the third-party employer; the applicable workers' compensation carrier; information regarding paid sick and safe leave; the temporary worker's assigned worksite; the nature of the work and description of the position; schedule; wages; and length of the assignment. The form also details, among other things, whether meals will be provided, whether licenses, equipment or special clothing will be needed, and whether training is provided. Failure to provide the requisite notice may result in a civil penalty for the temporary help service firm of between $500 and $1,000 for each violation.

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