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Temporary Employment Agencies

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New Jersey has a large number of temporary employment agencies that conduct business in most urban communities. These agencies place workers in employment situations such as warehouses which are located off the beaten path so that public transportation is usually not available.

Transportation is frequently made available through van and minibus operators who are licensed by the State of NJ Motor Vehicle Commission (formerly NJ DOT) to provide Regular Route (Under Contract) Bus or Van Service. The vehicles are inspected by the NJMVC and are required to maintain certain insurance requirements. That is all well and good for the legal operators, but there are bus and van operators who operate outside of the law and fail to obtain approval from the MVC and simply operate until discovered operating illegally.

The State of NJ has stepped in and adopted legislation, approved in January 2007, which requires the employment agencies to register with the State of NJ and imposes upon these agencies a requirement that they assure compliance by the bus and van operators that they use with the NJMVC Regulations under Title 48. Specifically, if the agency operates the transportation service, or recommends a particular transportation service, or refers the people to a particular transportation service, the agency must assure themselves and maintain records to assure that the transportation company is in full compliance with the Regulations.

Penalties are imposed against the agencies for non-compliance, and additionally, the agencies become jointly liable with the transportation company if any of the people transported are injured. Damages in such cases are trebled as the matter has been determined to fall within the purview of the Consumer Fraud Act.

For those agencies that turn a blind eye to what has been going on with regard to this transportation issue, the penalties can be especially serious.

 Jerry A. Casser, Esq. (Fairfield NJ Transportation attorney)  www.jcasser.com

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