Staffing Firms Face Dubious Judges in NJ Temp Work Pay Appeal

A Third Circuit panel grilled an attorney for staffing groups challenging a New Jersey temporary worker pay law during oral argument about whether the law runs afoul of the US Constitution’s dormant commerce clause.

Although a handful of other states have similar laws, New Jersey is the only one to mandate that temps be paid the same as traditional employees from their first day on the job. Several industry groups are arguing this violates the constitutional precept that states can’t discriminate against out-of-state competitors.

The statute benefits New Jersey temporary workers to the detriment of those from nearby states, said ...