Bill Boosting NJ Temp Workers Headed To Gov. Murphy’s Desk – Again

NEW JERSEY — A controversial “Temporary Worker Bill of Rights” that would beef up job protections for nearly 127,000 people in New Jersey took a big step forward on Thursday.

The state Senate passed the revamped A-1474/S-511 by a vote of 21 to 16, sending the proposed law to the desk of Gov. Phil Murphy – again.

If the bill becomes law, it would ensure that temporary workers have “equal” compensation with regular staff members, improve transparency and recordkeeping requirements, eliminate “excessive” fees charged by temp agencies, and roll out anti-retaliation measures for workers who complain about safety or wage violations.

The bill has seen vocal criticism from business groups and the temp agency industry, who have argued that it will be a huge drain on businesses – potentially impacting the number of available jobs – and could force temp agencies to move to other states due to the increased cost.

However, labor advocates and workers have argued that more regulations are desperately needed in an industry that is rife with low pay, discrimination, wage violations, a lack of health benefits, uncertain schedules and serious safety risks.

• Read More: NJ Temp Workers Say Tragic Car Crash Shows Urgent Need For Change
• Read More: NJ Temp Agencies Face Criticism As Vote Nears On 'Bill Of Rights'

The proposed law has seen a rocky road since it was first laid at the feet of state lawmakers last year. After it got final approval from the Legislature in August, Murphy conditionally vetoed it in September. But the governor also praised the bill’s overall goals and said he is open to a revised version of the legislation – which passed a vote in the state Assembly in October. Read More: Gov. Murphy Vetoes 'Temp Worker Bill Of Rights' In New Jersey

However, the revamped bill stalled in the Senate, which raised an outcry from labor advocates when lawmakers chose to pull the proposed law from a voting session in November. Read More: Activists Outraged As NJ Senate Punts Vote On Temporary Worker Bill

Business advocates and labor activists clashed yet again after Thursday's Senate vote.

The New Jersey Business & Industry Association (NJBIA) said that while it appreciates the intent of the bill, it would jeopardize legitimate temp agencies, harm third-party businesses that use them, and, as a result, provide less opportunity for those seeking temporary employment.

"The staffing industry – a major contributor to New Jersey’s economy – will be worse off because of this bill," NJBIA Vice President of Government Affairs Alexis Bailey said.

"Employers will face even greater challenges as they seek to fill gaps in their workforce," Bailey continued. "Ultimately, the unintended consequences will hurt the very workers this bill seeks to protect."

Bailey added:

"The bill narrowly passed by the Senate today, after not having enough votes on previous occasions, requires temporary workers to be paid the average compensation rate and benefits or the cash equivalent of the average cost of benefits paid to their employee counterparts. As a result of this, some temporary workers will be making more than permanent employees whose wages are determined by seniority and experience. There are also many logistical burdens to consider as temp agencies contract with multiple businesses that offer different benefits packages. All of this will serve to make it extremely difficult to provide jobs for temporary workers. Other states like Illinois and Massachusetts have taken steps to bring further protections and transparency for temporary workers without this damaging provision. But New Jersey, as is unfortunately typical, has gone a step too far to be an outlier in bringing as many burdens to business as possible."

But according to Diana Bello, a temp worker and member of advocacy group Make the Road New Jersey, Thursday's vote is another step towards "justice" for hundreds of thousands of essential workers and their families.

"We applaud the New Jersey State Senate for standing on the side of respect and dignity for the more than 127,000 essential workers in New Jersey who keep the economy afloat," Bello said.

According to Make the Road New Jersey:

"Discrimination, wage theft and workplace safety violation have been well documented by temp workers especially through the pandemic. Essential temp workers have disproportionately reported experiencing work-related injuries or illness while employed through a staffing agency. Make the Road New Jersey’s report highlights workers’ stories of abuse, wage theft, age discrimination, and unsafe work conditions that hundreds of thousands of predominantly Black and Latinx temporary workers faced while working in essential, frontline jobs during the pandemic across New Jersey."

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