Understanding California Temporary Employee Laws

Companies sometimes hire employees only for a season for legitimate reasons. They may employ additional people to meet the boost in demand for their services. Before you start accepting a temporary position in a new company, you need to be armed with the right knowledge first. In this article, we will tackle all the things you must know about California temporary employee laws. 

Temporary Employee

Companies hire ‘temps’ or temporary employees for a certain period of time. The duration and work/labor provided depend on the specific needs of the organization. They may be hired directly or through a staffing agency. Many temps prefer to be employed through the latter method because then they will be employees of the agency and will get more benefits.

Temporary employees can work full-time or part-time. Unlike regular employees, they are not eligible for all company benefits. They may not have vacation pay or health insurance. Nevertheless, they are entitled to receive the benefits that the law imposes. Those who have proven their skills and qualifications may be given the opportunity to move into regular positions.

Permatemps

Currently, there is no law that provides a time limit for how long a temporary employee can stay with the company. Thus, you may encounter permatemps or people who have been working for an organization for a long time. 

Payday Laws

Temporary employees share the same rights as regular employees in terms of payday. According to the law, they must receive payment at least twice a month. However, take note of industry-specific exceptions. Depending on the industry or if the job has unique requirements, some employers may not follow the pay period rules. It is up to them to understand the labor code the temps fall under to ensure they are paying them right. 

Aside from the payday schedule, you should also consider the minimum wage. As of 2020, the minimum wage in California is $13 per hour.

Penalties

What happens when your employer fails to follow California temporary employment laws? You can file wage and hour claims through the Department of Labor if you received your paycheck late or if the company paid you incorrectly. Other cases where you can file a claim include missed meals, unpaid overtime, and no rest period. As a temporary employee, you are protected by the state. An employment lawyer can help you assert your rights when they are violated. 

Your Rights as an Employee

Regardless of your employment status, you are protected by labor laws. Whether you are a regular employee or a temp, you should be entitled to these benefits: 

• Minimum wage 
• Overtime pay
• Rest and meal breaks
• Paid sick time
• Safe and healthy jobs
• Workers’ Compensation benefits
• Unemployment benefits

If you are deprived by your employer of these rights, don’t hesitate to take legal action. You shall not be punished for asserting your rights as a temporary employer. For legal assistance, you can trust Sirmabekian Law Firm. Our team of dedicated and experienced attorneys is here to help clients facing various employment issues.