N.J. Admin. Code § 12:72-1.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:72-1.2 - Retaliation prohibited

(a) No temporary help service firm or third-party client, or agent of a temporary help service firm or third-party client, shall retaliate through discharge or in any other manner against a temporary laborer for exercising any rights granted the temporary laborer pursuant to N.J.S.A. 34:8D-1 et seq., or this chapter, including, but not limited to, the following:

1. Making a complaint to a temporary help service firm, to a third-party client, to a co-worker, to a community organization, before a public hearing, or to a State or Federal agency whose rights guaranteed pursuant to N.J.S.A. 34:8D-1 et seq., have been violated;

2. Instituting any proceeding pursuant, or related, to N.J.S.A. 34:8D-1 et seq.; and

3. Testifying, or preparing to testify, in an investigation or proceeding pursuant to N.J.S.A. 34:8D-1 et seq.

(b) When within 90 days of the temporary laborer's exercise of rights protected pursuant to N.J.S.A. 34:8D-1 et seq., a temporary help service firm either terminates the temporary laborer's employment or takes any disciplinary action against the temporary laborer, there shall arise a rebuttable presumption that the termination or other disciplinary action was in retaliation for the temporary laborer's exercise of rights.

N.J. Admin. Code § 12:72-1.2

Adopted by 56 N.J.R. 1852(c), effective 9/16/2024