Muoio & Quijano Legislation to Crack Down on Modern-Day ‘Sweatshop’ Conditions Threatening Temporary Workers Clears Senate Panel

Legislation Inspired by Multi-Part Investigative Series that Exposed Harrowing Work Conditions

1) not later than 30 days after the form of the notification is issued by the commissioner;

2) at the time of the worker’s hiring or placement, if the worker is hired or placed after the issuance;

3) annually, on or before December 31 of each year, if the worker is an ongoing employee or placement of the employer or employment service; and

4) at any time, upon the first request of the worker.

The employer or employment service must make the written copy of the notification available to each worker via printed material, including, but not limited to, a pay check insert, brochure, or similar informational packet provided to new hires or placements.

The bill requires the commissioner to make the notification available in English, Spanish, and any other language that the commissioner determines is the first language of a significant number of workers in the State.

The bill also stipulates that it is unlawful for an employer or employment service to violate its provisions or take adverse action against an employee or placement in retaliation for the worker’s use of the services established pursuant to the bill. An employer or employment service that violates the bill’s provisions or retaliates against a worker is liable to a civil penalty of not less than $1,000 for the first violation, not less than $1,500 for the second violation, and not less than $2,000 for the third and each subsequent violation.

The bill was approved 51-23-1 by the full Assembly in June.