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ARTICLE · 29 JULY 2024

Third Circuit Upholds New Jersey's Temporary Workers' Bill Of Rights

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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").

United StatesEmployment and HR
Evandro Gigante
Evandro Gigante
Laura Fant
Laura Fant
Larenz Jones
Larenz Jones
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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 measures that discriminate against or unduly burden interstate commerce.

The Law, which took full effect on August 5, 2023, provides comprehensive protections for certain temporary workers in New Jersey.

Temporary Workers' Bill of Rights

The Law applies to each temporary laborer who is employed by a covered temporary help firm who either: (1) has been assigned by the firm to work in a designated classification placement within New Jersey; or (2) has been assigned by the firm to work in a designated classification outside of New Jersey, but who has his or her primary residence in New Jersey. Among its provisions, the

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