Description

Presenter:  Megan Balne, Esq,

Hyland Levin Shapiro and HRA Legal/Legislative Chair.

The New Temporary Workers" Bill of Rights Law:

The Governor signed the bill into law on February 6, most provisions will take effect August 5.  However, the provisions regarding new hire notices and prohibiting retaliation are effective May 7, 2023.

• Definitions of Key Terms Under the Law
• 
  
  • Temporary Worker
  • Temporary Help Service Firm

1. Definitions of Key Terms Under the Law
2. Requires Equal Compensation of Pay and Average Cost of Benefits, or the Cash Equivalent Thereof, of Third-Party Client Employees
3. Requires Some Compensation Even If There Is No Work Available at the Worksite
4. Implements New Wage Notice Requirements That Would Be One of the Robust Notices in the Nation (effective 5/7/23)
5. Implements New Wage Payment Requirements with the Elimination of Certain Deductions, Including for Transportation, Background Checks, or Check Cashing
6. Implements New Recordkeeping Requirements with Penalties to Third-Party Clients for Not Supplying Certain Timely Information to the Temporary Help Service Firms
7. Institutes Anti-Retaliation Rights and Creates a Rebuttable Presumption of Retaliation for Any Disciplinary Action Taken Within 90 Days of a Temporary Worker’s Exercise of Rights
8. Creates a Private Right of Action Against Both Temporary Help Service Firms and Third-Party Clients, Who Can Be Held Joint and Severally Liable

What Should Employers Be Doing?

 

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