The district court has once again upheld enforcement of the New Jersey Temporary Workers’ Bill of Rights (the “Law”). The decision comes in response to a follow-up challenge by a coalition of staffing agency industry groups, asserting that the section of the Law requiring temporary workers be paid an amount equal to the average pay
Third Circuit Upholds New Jersey’s Temporary Workers’ Bill of Rights
On July 24, 2024, the Third Circuit Court of Appeals affirmed the denial of a preliminary injunction seeking to bar enforcement of New Jersey’s Temporary Workers’ Bill of Rights Law (the “Law”). The Circuit Court found that the Law does not violate the dormant Commerce Clause of the U.S. Constitution, which prohibits states from enacting
New York Enacts Statewide “Freelance Isn’t Free Act”
On November 22, 2023, New York Governor Kathy Hochul signed into law a statewide “Freelance Isn’t Free Act” to provide certain protections for freelance workers. The act mirrors protections in New York City’s law of the same name, which took effect in May 2017.
Here are the highlights of the Freelance Isn’t Free
Proposed Regulations Issued for New Jersey Temporary Workers’ Bill of Rights Law
As previously reported, the New Jersey Temporary Workers’ Bill of Rights Law (the “Law”) took full effect on August 5, 2023. In light of this, the New Jersey Department of Labor & Workforce Development (the “Department”) has proposed new rules to implement the Law.
Below are some highlights of the proposed regulations that temporary
Court Rejects Attempt to Enjoin New Jersey Temporary Worker Law From Taking Effect
A District of New Jersey court has rejected an attempt by staffing agency industry groups to enjoin the majority of the provisions of the New Jersey Temporary Workers’ Bill Of Rights Law from taking effect. The denial by the court means that the bulk of the law’s provisions are set to take effect as scheduled
DOL’s New Independent Contractor Rule: A Return to 2020
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act.
In the courts, the test has always focused on the “economic reality” of the relationship between a worker and the entity that benefits from the services provided to determine whether the worker is an employee or