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Temporary Worker Inequities Exposed

BC Law participates in groundbreaking report to improve labor practices.

       
BC Law Clinical Professor Reena Parikh and student Michael Tomase ’25 with MassCOSH’s Francisca Sepulveda.  

The Massachusetts Coalition for Occupational Safety & Health (MassCOSH) and Boston College Law School Civil Rights Clinic released their first-of-its-kind report: “Equal Treatment for Equal Work: The Need to Enhance Protections for Temporary Workers in Massachusetts” during a press conference on July 24.

The report presents a yearlong study (consisting of surveys and interviews) revealing inequalities between permanent and temporary workers. It identified issues such as a lack of knowledge amongst temporary workers on their rights, as well as inadequate compliance with and enforcement of the law.

The press conference featured several speakers, including BC Law Civil Rights Clinic student attorney Michael Tomase ’25. “Our report demonstrates that temporary workers in Massachusetts are not protected by our laws as much as they should and can be,” he said. “As a result, these essential workers are undercompensated and denied basic rights that would enable them to thrive in our communities.”

In 2013, Massachusetts enacted the “Temporary Worker Right to Know Law” in an effort to improve conditions for qualifying temporary workers. However, it has never been evaluated for its efficacy or compliance, as evidenced by survey results and interview data revealing the prevalence of “perma-temping,” an exploitative practice where a temporary worker is staffed at one site for multiple months, or even years, doing substantially the same work as permanent workers but for less pay and benefits.

Francisca Sepulveda, director of the Immigrant Worker Center at MassCOSH, said that despite legislation, the center continues to be inundated with reports of wage theft, discrimination, safety and health violations, widespread inequities between temporary and permanent workers, and other grievances stemming in part from non-compliance by staffing agencies and host companies with state law. “There is still much work to be done to ensure fair conditions for temporary workers in Massachusetts,” Sepulveda said.

“Temporary workers prepare our food, fix our buildings, take care of our children, and yet they are grossly underpaid and mistreated compared to permanent employees.”

BC Law student attorney Alice Yoon ’25

Student attorney with the BC Law Civil Rights Clinic Alice Yoon ‘25 described the situation this way: “Temporary workers prepare our food, fix our buildings, take care of our children, and yet they are grossly underpaid and mistreated compared to permanent employees. The Commonwealth must not delay in giving temporary workers equal pay for equal work as compared to permanent employees, as well as a pathway to job stability—something every Massachusetts residence deserves to have.”

The report provides numerous recommendations to increase protections for temporary workers, such as creating equity with permanent employees by implementing equal pay for equal work, providing a pathway to permanent employment, and supporting programs and organizations that protect workers, such as workers centers.

Reena Parikh, assistant clinical professor and founding director of the Civil Rights Clinic, holds the clinic students’ work on the report in high regard. “Over the past three semesters, my students have listened and learned from coalition members. They have worked hand-in-hand with MassCOSH organizers to design this temp worker study and to interview participants through on-the-ground flyering and community outreach,” she said.

“They also engaged with government stakeholders, collaboratively drafted this important yet accessible report published in both English and Spanish, and deftly engaged in media advocacy to elevate the voices of temp workers,” Parikh explained. “This is what movement lawyering looks like—often leveraging non-litigation tools to support grassroots social movements. I am so proud of how my students embraced this role and so grateful to MassCOSH for their partnership and guidance.”

The full report is available on MassCOSH’s website. Find additional coverage at WGBH.