The New Jersey Department of Labor and Workforce Development (NJDOL) protects all temporary workers under the Wage and Hour Act. In addition, some temporary workers also have additional protections through the Temporary Workers' Rights Act.

Who is a temporary worker?

A temporary worker is someone employed by a temporary staffing agency to perform a specific task. These agencies hire workers and assign them to companies called client companies, which is where you perform the work.

Your basic rights as a temporary worker

• Right to receive regular payment at least at the state minimum wage and the rate agreed upon when hired.
• Right to payment of 1.5 times their hourly wage for all hours worked in excess of 40 per week, except for limited exceptions.
  • Example: If you earn $20 per hour, after 40 hours per week you should receive $30 per hour for each extra hour.
• You have the right to be paid by the agency at least twice a month, but no more than 10 days after the end of the pay period. If your employment ends, you must be paid on the next scheduled payday.
• You have the right to choose how to receive your salary: check, cash, or direct deposit. The agency cannot force you to use direct deposit. Regardless of the payment method, you must always receive a pay stub.
• Right to paid sick leave: Most workers accrue up to 40 hours of paid sick leave under state law. The agency must pay you when you use this time.

Risk of misclassification

Sometimes, employers misclassify workers as “independent contractors” or pay them “under the table.” You are not at fault if this happens, but you could lose protections and benefits. Misclassified employees may be entitled to financial compensation.

Protection regardless of immigration status

The NJDOL serves all workers, regardless of their immigration or citizenship statusIt will not ask you for information about your situation and will not share it with immigration agencies unless required by law.

In some cases, depending on your situation, the NJDOL can also help with visa certifications. U or T.