Temporary Workers: What Makes Them  Different? 

Temporary workers are an increasingly important part of the workforce in the modern economy. Employers like the flexibility in staffing that can come from hiring workers for a  project or for a busy season while reducing staffing levels after completion or during slow  seasons.  

Many workers like temporary employment if their life situation requires them to work part time or for short terms for personal reasons. Since temporary workers have no long-term  relationship with the company that uses their labor, there is often the temptation to exploit  them or to cut corners on safety or regulatory matters. 

Nevertheless, temp workers have some rights and protections under the law. This post  will explore some of the regulations covering temporary employees in New Jersey.  

Are Temporary Employees the Same As Casual Workers? 

Although both temporary employees and casual workers are hired on a case-by-case  basis for labor, either for a single event or project or on a short-term basis, there is a  technical distinction to be made between the two categories. 

Temporary workers are employed by a temporary worker agency.  

The temp worker agency functions like any other employer, handling issues of payroll and  tax withholding. Many temp agencies offer at least some benefits, such as sick leave or  insurance. A temp agency may send an employee out on several different jobs over the 

course of a week or month so that the employee ends up with the equivalent of a full-time  job.  

A company needing extra labor then contracts with the agency to furnish employees as  required. In some cases, a company outsources its employment and HR functions to a  temp agency, and the employees, still working for the agency, have longer-term or even  permanent work with the company. Also, a company will use a temp agency to screen  prospective employees in what is known as a “temp-to-hire” arrangement. 

In contrast, casual workers are employed directly by the company using their labor. They  are hired as needed, perhaps from a list, and not sent for when not required. Hours for  casual employees may be irregular and variable and has no benefits, no paid leave or  sick time, and no guaranteed schedule. 

What Are Temporary Workers’ Rights? 

Because a temporary worker is employed by a temp agency, they have many of the legal  protections available to regular, permanent employees.  

Temporary employees are protected under Title VII of the Civil Rights Act of 1965. This  act prohibits discrimination on the basis of race, age, sex, religion, national origin, or color.  An employee cannot be discriminated against in hiring, firing, discipline, or promotion  under the terms of the act. 

Similarly, the Americans With Disabilities Act protects workers in some firms. If the  temporary agency has more than fifteen employees on its books, the act very likely  applies to prevent discrimination on the basis of a disability. 

The Family Medical Leave Act may also provide some protection to workers for  companies with over fifty workers. A similar New Jersey law, the New Jersey Family 

Medical Leave Act, extends the protections of the federal act to more individuals in more  companies. 

What Are Related Temporary Workers’ Issues? 

There are few other formal protections for temporary workers in New Jersey. In New  Jersey, a temporary agency must register with the state Division of Consumer Affairs on  a yearly basis. The registration requires the payment of a small licensing fee, and some  temporary agencies are also required to post a $1,000 bond. 

Temporary agencies are also prohibited from requiring their workers to use agency provided transportation to go to and from the job site. Other protections available to workers, such as advance notice of layoffs, are not required of temporary agencies.  

Some efforts to reform the temporary labor system have been made over the last five years in New Jersey, but these have stalled out in the state legislature. If passed, the reforms to the New Jersey temp worker laws would include a minimum of four hours of pay for each day worked and a series of record-keeping and administrative requirements  for the agency, including informing workers about the rate charged by the agency to the  employer for furnishing the worker. 

Employment lawyers in New Jersey are carefully monitoring any changes to the labor laws of the state. So if you are a temporary worker, you may wish to consult to determine the present status of the law. 

Ashton E. Thomas Esquire NJ has successful represented temporary workers in New Jersey. If you believe your legal rights have been violated by a temporary employment agency or a company hiring through a temp agency, call us today for an appointment.