Downtown, Newark

Employment and Personnel Services

Regulated Business Section


Address

Employment and Personnel Services
P.O. Box 45028
Newark, New Jersey 07101
Directions

NOTICE TO BUSINESSES PROVIDING TEMPORARY HELP SERVICES

On February 6, 2023, Governor Murphy signed into law P.L. 2023, c. 10, also known as the "Temporary Workers' Bill of Rights" ("TWBR"). Among other things, Section 8 of the TWBR prohibits temporary help service firms from making "designated classification placements," as that term is defined in the law, unless they are certified to do so "in accordance with rules" adopted by the Director of the Division of Consumer Affairs ("Division").

On September 16, 2024, the Division adopted rules implementing Section 8 of the TWBR; the rule adoption can be found here. All businesses that seek to make designated classification placements must apply for and obtain the Certification to Make Designated Classification Placements ("DCP Certification"). Provided that you submit a completed application by October 16, 2024, you will be permitted to continue making designated classification placements while your application is pending. Businesses that provide designated classification placements in the interim must continue to comply with all other applicable laws and regulations, including existing registration and licensure requirements and any other applicable provisions of the TWBR.

On October 9, 2024, the Division issued guidance for temporary help service firms regarding the bonding requirements, pursuant to P.L. 2023, c. 10, and the recently adopted regulations. The Division's guidance can be found here.


Employment and Personnel Services issues licenses and registrations to various types of businesses that offer employment and staffing services to job seekers and potential employers. The type of registration or license that is necessary depends on answers to certain questions, such as:

  • What are the type of services are being offered?
  • What type of people will the business be placing (Home Health Aides, Nurses, Clerical, etc.)?
  • Is the job seeker is an employee (on the payroll of the agency) or is the job seeker an independent contractor?
  • Is it a one-time placement?
  • Is a fee charged to the job seeker?
  • Who will the fee be charged to?

A list of the types of businesses that are issued licenses and registrations by the Division can be found below.


Laws and Regulations

Some of the primary laws and regulations enforced by the Division are listed below and can be found at the following citations. 

Click here to view New Jersey Statutes in their entirety, as published on the Legislature's website.

  • Employment Agencies; Licensing – Title 34:8
  • Temporary Labor – Title 34:8D
  • Consumer Fraud Act – Title 56:8

Click here to view the New Jersey Administrative Code in its entirety, via the New Jersey Office of Administrative Law, as published on the LexisNexis website.

  • Personnel Services – Title 13:45B

Employment and Personnel Service Types

Choose a type below to learn more.


Verify a Registration

  • New Jersey Licensed and Registered Employment & Personnel Services
    (including: Health Care Service Firm; Booking Agency; Career Consulting; Career Counseling Service; Consulting Firm; Consulting Firm/Temp; Employment Agency; Entertainment Agency; Job Listings Service; Nurses’ Registry; Resume Service; Temporary Help Service Firm; Certification to Make Designated Classification Placements)

Career Consulting Firms/Agents

A career consulting firm means any person required to be registered under the law that is providing or rendering services, with or without related products, in connection with advice, instruction, analysis, recommendation or assistance concerning past, present, or future employment or compensation for an individual's time, labor or effort where the products or services are paid for by the job seeker. 

You must submit both an agency and an agent application, these are separate applications on the Portal. Applicants who fail to submit both applications will be deficient and the applications will not be processed. Every career consulting firm must have agents associated with, and employed by, the firm.  

 


Career Counseling Firms/Agents

A career counseling firm means any business that, through its agents, procures or represents itself as procuring employment or employment assistance or advertises in any manner the following type of services for a fee: career counseling; vocational guidance; aptitude, achievement or vocational testing; executive consulting; personnel consulting; career management, evaluation, or planning; the development of resumes and other promotional materials relating to the preparation for employment; or referral services relating to employment or employment qualifications.

You must submit both an agency and an agent application, these are separate applications on the Portal. Applicants who fail to submit both applications will be deficient and the applications will not be processed. Every career counseling firm must have agents associated with, and employed by, the firm.  

 


Consulting Firms (Headhunters)

A consulting firm means any person required to be registered under the law that: identifies, appraises, refers, or recommends individuals to be considered for employment by the employer; and  is compensated for services solely by payments from the employer and is not in any instance compensated, directly or indirectly, by an individual who is identified, appraised, referred or recommended. Consulting firms are commonly known as “executive search firms” or “headhunters.”

 


Consulting/Temp Agencies

A consulting/temp firm can perform the functions of both a consulting firm and a temporary help service firm.

 


Employment Agencies/Agents

An employment agency means any person who, through its agents or otherwise, for a fee, charge or commission: 1) procures, or obtains, or offers, promises or attempts to procure, obtain, or assist in procuring or obtaining employment for a job seeker or employees for an employer; 2) supplies job seekers to employers seeking employees on a part-time or temporary assignment basis who has not filed as a temporary help service; 3) procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for performing artists; 4) acts as a placement firm, career counseling service, or resume service; 5) acts as a nurses' registry; 6) places health care personnel in private homes or on private duty; or 7) places household workers in domestic positions, including salaried "nannies" or "au pairs."

You must submit both an agency and an agent application, these are separate applications on the Portal. Applicants who fail to submit both applications will be deficient and the applications will not be processed. Every employment, entertainment, job listing, resume, nurse registry, career consulting firm and career counseling firm must have agents associated with, and employed by, the agency.  

 


Entertainment Agencies/Agents

An entertainment agency means a booking agency or an employment agency, which procures, obtains, offers, promises or attempts to procure or obtain employment or engagements for performing artists.

You must submit both an agency and an agent application, these are separate applications on the Portal. Applicants who fail to submit both applications will be deficient and the applications will not be processed. Every employment, entertainment, job listing, resume, nurse registry, career consulting firm and career counseling firm must have agents associated with, and employed by, the agency.  

 


Job Listing Services/Agents

A job listing service means any person required to be registered by law, who, by advertisement or other means, offers to provide job seekers with a list of employers, a list of job openings or a similar publication, or prepares resumes or lists of applicants for distribution to potential employers, where a fee or other valuable consideration is exacted or attempted to be collected, either directly or indirectly. 

You must submit both an agency and an agent application, these are separate applications on the Portal. Applicants who fail to submit both applications will be deficient and the applications will not be processed. Every employment, entertainment, job listing, resume, nurse registry, career consulting firm and career counseling firm must have agents associated with, and employed by, the agency.  

 


Nurses' Registry/Agents

A nurses’ registry means any person who operates a firm which directly or indirectly procures, assigns, or supplies, or offers, arranges or attempts to procure, assign or supply temporary or permanent personnel service(s) classified as the practice of nursing, and receives or attempts to receive a payment, fee, charge or commission for such service(s).

You must submit both an agency and an agent application, these are separate applications on the Portal. Applicants who fail to submit both applications will be deficient and the applications will not be processed. Every employment, entertainment, job listing, resume, nurse registry, career consulting firm and career counseling firm must have agents associated with, and employed by, the agency.  

 

Temporary Help Service Firms

A temporary help service firm means any person who operates a business which consists of employing individuals directly or indirectly for the purpose of assigning the employed individuals to assist the firm's customers in the handling of the customers' temporary, excess or special work loads, and who, in addition to the payment of wages or salaries to the employed individuals while on assignment, pays or is required to pay Federal social security taxes and State and Federal unemployment insurance; carries or is required to carry worker's compensation insurance as required by State law; and sustains responsibility for the actions of the employed individuals while they render services to the firm's customers.

Please see Notice above for information regarding the Certification to make Designated Classification Placements. 





Last Modified: 12/24/2024 7:46 AM