On August 5, 2023, New Jersey’s Temporary Workers’ Bill of Rights Law took effect. Among other requirements, under the Law Temporary help service firms (i.e. staffing firms and temp agencies) must provide written notice of certain employment terms, keep certain records, and are jointly and severally liable with their clients.
Significantly, the Law also requires that any temporary laborer assigned to work at a third party client cannot be paid less than the average rate of pay and average cost of benefits, or the cash equivalent thereof, of employees of the third party client performing the same or substantially similar work. A coalition of staffing agency industry groups sued to enjoin the law, arguing that it is unconstitutional.
On July 24, the Third Circuit Court of Appeals affirmed the denial of that injunction, which means that, for now, the law remains in effect. NEW JERSEY STAFFING ALLIANCE et al v. FAIS et al, No. 1:2023cv02494 – Document 34 (D.N.J. 2023) :: Justia
Employers in New Jersey, including any staffing agencies and companies that use temporary workers, should ensure that they are complying with all of the provisions of this Law. Moreover, there are other challenges to the law pending, so employers should stay up to date with any further news or information.