Business groups, staffing agencies sue to overturn NJ temp worker 'bill of rights'

Business groups are suing in federal court to overturn a law that went into effect last weekend granting new rights and protections to temporary workers.

Gov. Phil Murphy signed the so-called “Temporary Workers’ Bill of Rights” in February after it faced a months-long legislative battle. It would benefit an estimated 127,000 temp workers employed primarily in the warehousing and logistics sectors, according to advocates.

But three business groups — the New Jersey Business and Industry Association, the New Jersey Staffing Alliance and the American Staffing Association — argue that the law is vague and unconstitutional.

The law “unreasonably exercises police power” and “will lead to insurmountable problems, resulting in paralysis within the temporary staffing industry,” the lawsuit contends.

It was filed on May 5 in the United States District Court for the District of New Jersey.

Temp agencies and business groups contend that the law jeopardizes an industry that’s provided a foot in the door and stable employment for thousands in warehousing, manufacturing, transport and logistics.

But advocates and temp workers have complained of wage theft, charges for mandatory transportation and other add-ons, and unsafe conditions amid the COVID pandemic. They also say there is little transparency about whom they’re working for or where they’re headed each day.

Because many are undocumented immigrants, fear of deportation keeps them from speaking up, said unions and immigrant rights’ groups.

Garrett O'Connor, director of worker organizing and policy at Make the Road New Jersey — which organized heavily behind the bill — described the lawsuit as "farcical" and "clumsy," and said it was an effort to "keep an exploitative status quo in place."

"New Jersey's temp worker law is the first of its kind ,but it won't be the last, and these groups are well aware of that," he said in an email.

Part of the law went into effect on Sunday, guaranteeing workers the right to know information such as where they’re being sent to work and for how long; transportation arrangements and pay; health and safety issues such as special clothing that might be needed; the amount of sick leave; the kind of work they’ll be performing; and scheduling.

“Gov. Murphy signed the ‘Temporary Workers’ Bill of Rights’ into law earlier this year to ensure that temporary workers are afforded basic protections and treated with the dignity they deserve,” said Murphy spokesperson Tyler Jones in a Friday statement. “We look forward to defending this law in court.”

Parts of the law will go into effect on Aug. 5. The legislation will require that temp employees receive the same salary and benefits that workplaces offer to traditional staff, and it will ban agencies from deducting transportation fees and other mandatory charges often imposed on workers' paychecks.

It will also seek to crack down on the practice of “perma-temping,” by providing the right to accept permanent employment.

To prevent wage theft and discrimination, agencies will need to keep records of their hires, the hours they've worked and their pay.

This article originally appeared on NorthJersey.com: NJ Temporary Workers' Bill of Rights to be challenged in court

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