ASA has asserted a new claim in the lawsuit filed last year to overturn the New Jersey Temporary Workers’ Bill of Rights Act. The law requires, among other things, that staffing agencies provide their employees with pay and benefits equivalent to those provided to client employees performing similar work.
As originally filed, the suit alleged that the law’s equal pay and benefits provisions violated various provisions of the New Jersey and U.S. constitutions and the New Jersey Civil Rights Act. Those claims are currently under review by the Third Circuit U.S. Court of Appeals. The new claim, filed May 21, asks the lower court to rule that the equal benefits provision conflicts with the federal Employee Retirement Income Security Act. A federal court recently blocked a similar benefits provision in Illinois on that basis.
The Erisa claim was filed by the Washington, DC, law firm Miller & Chevalier on behalf of ASA; the New Jersey Staffing Alliance, an ASA-affiliated chapter; and the New Jersey Business & Industry Association.
The New Jersey law, enacted in 2023, applies to construction, light industrial, and other workers—excluding professional and clerical workers. In addition to mandating equal pay and benefits for temporary employees, the law limits conversion fees and bars staffing agencies from charging employees for transportation. ASA and NJSA are seeking legislative changes to mitigate those provisions.
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