Notably, despite prior versions to the contrary, the enacted bill does not apply to all temporary positions, but only those the Legislature has determined “are particularly vulnerable to abuse of their labor rights.”

Last month, New Jersey Governor Phil Murphy signed into law Assembly Bill No. A 1474/S 511, known as the Temporary Laborers' Bill of Rights, establishing numerous protections for the state’s 127,000 temporary workers. The implications of the law are significant, as it places onerous burdens on employers and temporary help service firms in the state. The law is one of the country’s first to require, among other things, that temporary workers be paid the same as permanent employees of a third-party client.

Who Does It Cover?

The law applies to “temporary laborers,” defined as people who contract “for employment in a designated classification placement with a temporary help service firm.” “Temporary help service firm” is defined as:

[A]ny person or entity 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, pays federal social security taxes and State and federal unemployment insurance; carries workers' compensation insurance as required by State law; and sustains responsibility for the...

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