New Jersey: Temporary Workers Bill of Rights Upheld
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APPLIES TO All Employers with Temporary Workers in NJ |
EFFECTIVE July 24, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
On July 24, 2024, the Third Circuit Court of Appeals agreed with the District of New Jersey Court and refused to block New Jersey’s Temporary Workers Bill of Rights (Bill). The law went into effect on August 5, 2023, and provided numerous protections for New Jersey’s temporary workers. Among the requirements addressed were state registrations, pay frequency and wage statements, and recordkeeping requirements for temporary help service firms.
When the bill was signed, several industry groups requested a preliminary injunction to stop the Bill from going into effect. In the meantime, New Jersey’s Department of Labor issued Temporary Rules for businesses to comply with the Bill. After the District Court refused to issue an injunction, the plaintiffs appealed to the Third Circuit. The court found that the Bill did not violate the Dormant Commerce clause since it did not favor in-state commerce over out-of-state commerce. It also was not so vague or ambiguous that it prevented enforcement of economic regulation.
This ruling means that the Bill is in full force and effect. Staffing agencies and employers who delayed compliance due to this legal challenge should review their procedures to make sure they are meeting their obligations.
Action Items
- Review the requirements of the Temporary Workers Bill of Rights here.
- Review and update procedures and agreements with legal counsel.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase