May 15, 2023

Get Your Staffing Benchmarks and Projections—ASA Quarterly Survey Closes Friday

The association’s quarterly Staffing Employment and Sales Survey for the first quarter of 2023 is now open—but only for a few more days. Staffing companies that complete the brief survey by this Friday, May 19, will receive an exclusive report on the results, which includes gross margin and sector-level data.

Register to take the survey, or view the questionnaire, at There are no fees to participate.

Recruit Holdings Co. Reports Q4 and Full-Year Fiscal Year 2022 Financial Results
New York Fed: Manufacturing Activity Declines
U.S. Consumer Sentiment Plummets to Six-Month Low on Debt Ceiling Debacle
Forecasters Maintain Their Expectations for Growth in 2023
CFO Hiring Was Streamlined During Covid, But More Thorough Vetting Is Back in Vogue
Federal Contractors: Certify AAP Compliance by June 29 and Implement Revised Disability Self-Identification Form by July 25
Fifth Circuit: ‘Fractioning’ a Job May Still Result in Liability Under Federal Antidiscrimination Laws
Employers Face New Reporting Obligations and Other Changes Under New Jersey Unemployment Compensation Law
Maryland Accelerates Increase to Minimum Wage and Modifies Threshold on Prohibition Against Low Wage Noncompete Provisions
Washington: With Few Exceptions, Employers May Not Search Employees’ Personal Vehicles
SHRM Research Details Age Discrimination in the Workplace
Internship Experience the Top Differentiator in a Competitive Job Market

Upcoming Events


NJSA, NJBIA, and ASA File Federal Civil Suit Against New Jersey Temporary Worker Law

On May 5, the New Jersey Staffing Alliance, an ASA-affiliated chapter, along with the New Jersey Business and Industry Association—with support from ASA—filed a civil lawsuit against the state of New Jersey and various institutional and individual defendants in the U.S. District Court for the District of New Jersey. The lawsuit challenges the validity of A 1474, a first-of-its-kind law recently enacted in New Jersey that regulates the staffing industry by mandating temporary employee wage and benefits payments equivalent to those received by client employees performing similar work; limiting conversion fees; and prohibiting agencies from charging a fee for providing transportation.

Among other claims, the lawsuit alleges the new law violates the Commerce Clause of the U.S. Constitution. The lawsuit further alleges the new law’s vagueness violates the Due Process Clause of the Constitution and that it separately violates the Constitution’s Equal Protection Clause. Accordingly, the suit seeks a court order restraining the state of New Jersey from enforcing or implementing the law.

A 1474 applies to construction, light industrial, and other workers, but not to professional or clerical workers. Over the prior 10 months, ASA and NJSA, along with their member staffing agencies, engaged in an extensive grassroots campaign explaining to legislators why the bill is bad for workers and the staffing industry. Those efforts blocked three previous attempts to pass the bill, but ultimately the overwhelmingly pro-labor forces prevailed.

Since the bill’s passage, ASA, NJSA, and industry lobbyists have been in conversations with state senators. ASA and NJSA officials also met with the New Jersey Department of Labor in early March regarding forthcoming regulations implementing the new law and followed up with written suggestions regarding the regulations. Among the areas of concern were the law’s equal pay provision—including the definition of “benefits” and “same or substantially similar work”—the limitation on conversion fees, and the transportation provisions.

Section 3 of the new law, which imposes new employee notification requirements on staffing agencies, and Section 10, which prohibits retaliation against employees that exercise their rights under the law, became effective May 7. Most of the law’s other requirements are set to become effective Aug. 5. However, NJDOL officials earlier informed ASA and NJSA that it is highly unlikely that final rules will be ready by August. They also said they would proceed with a “light enforcement touch” until final regulations are published and investigators are properly trained. NJSA and ASA published a detailed issue paper about the law, which is available at

NJSA, NJBIA, and ASA are represented by the New Jersey law firm of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinnis PC.

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Plan for These Free ASA Webinars Happening This Month

The next few weeks will be full of free education from ASA. These upcoming ASA webinars can help you find the best candidates, protect your business, and more.

May 23—”The Equal Employment Opportunity Commission’s Continued Scrutiny of Staffing Relationships
Andrew L. Scroggins of Seyfarth Shaw LLP will discuss the U.S. Equal Employment Opportunity Commission’s current initiatives—and how your firm can avoid enforcement activity by updating its practices to ensure compliance.

May 25—”The Return of the “Double Dip” Tax Fraud Scheme: Understanding Its Key Elements and Dangers
As classic “double dip” tax fraud schemes continue to target the staffing industry, Jay Marshall Dye of ASA corporate partner Essential StaffCARE will review what staffing companies need to know and how you can avoid falling for a double dip tax fraud scheme.

May 30—”Discover Hidden Superpowers: How to Leverage Personality Tests to Create Better Teams
Traditional personality assessments focus almost exclusively on the person taking the test. Amy Yackowski of Painted Porch Strategies has a new kind of assessment you can use to create a balanced, effective team.

All ASA webinars are free for ASA members, and most qualify for continuing education hours toward ASA certification renewal. To learn more and to register, visit

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Get Background Checks Right—Read Staffing Success Magazine

Getting background checks right—whether for temporary, contract, or corporate employees—is critical to your firm’s success, as well as its compliance with the law. In the latest issue of Staffing Success magazine, get practical guidance on conducting background checks and drug tests, navigating the changing landscape, and sourcing reliable third-party vendors. Plus, you can find a list of reputable suppliers to help you navigate this complex terrain.

Continue the conversation at the ASA Staffing Law Conference this week, where there will be a session titled “Getting to Know You: Why Are Background Checks and Drug Tests So Hard?” Learn more and register today.

ASA members can access the current issue and back issues of Staffing Success, and other ASA digital publications, at

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Staffing Today is published by the American Staffing Association, with news abstracts copyrighted in 2024 by SmithBucklin of Chicago, IL, and all other content copyrighted in 2024 by ASA. No part of this publication may be reproduced without permission.

About ASA

The American Staffing Association is the voice of the U.S. staffing, recruiting, and workforce solutions industry. Learn more at

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