Rights of Day Laborers & Temporary Employees in California

In California, day laborers and temporary workers are workers who are not considered employees of the employer.

Day Laborers

Day laborers in California are workers who are hired and paid on a daily basis. They are not guaranteed any future work after the tasks they are assigned for that day.

A day laborer will commonly be employed for jobs where extra assistance is needed or when the worker requires multiple laborers to complete on time. Common examples of jobs that use day laborers include landscaping, moving, and construction.

It is important to note that the United States Department of Labor (DOL) provides laws that give protections to day laborers. Pursuant to the DOL, a day laborer has to be paid at least the federal minimum wage for all of the hours they worked, regardless of whether they are paid by the hour, the day, or at a piece rate.

Employers must also comply with any applicable California laws, including day laborers or contract workers, that give workers greater protections. Similar to an independent contractor, a day laborer is not considered to be an employee of the company that hired them. This means that a day laborer is treated as an independent contractor for the purposes of state and federal employee protections.

Because a day laborer is not considered to be an employee of the company that hired them, they will not be entitled to benefits, including paid time off, health insurance, and workers’ compensation. If an employer is considering hiring a day laborer, it is important to ensure compliance with all of the applicable federal and California laws and regulations.

A staffing agency can also be used to find and hire both day laborers and temporary workers for certain industries.

Temporary Workers

Temporary workers are contracted workers who are hired for short-term jobs. Similar to a day laborer, a temporary worker is usually hired to fill a position that requires additional assistance for a short period of time.

In contrast to a day laborer, however, the period of time that a temporary worker works can last for a whole season or an otherwise specified period of time. A temporary worker may be directly hired by the company or by a staffing agency that specializes in providing temporary laborers.

Temporary workers, similar to day laborers and independent contractors, are not considered to be employees of the company that hires them. Because of this, the temporary worker will not be eligible for benefits, such as paid time off, health insurance, or workers’ compensation for injuries. It is important to note, however, that seasonal or temporary workers can still qualify for certain company benefits, including an employee discount or company meals.

If an employer is considering hiring a temporary worker, they should make sure to comply with all federal and California laws and regulations. The DOL provides that temporary workers also have to be paid at least the federal minimum wage for all of the hours they work, regardless of whether they are paid by the hour, the day, or at a piece rate.

Employers also have to comply with any California laws that give the worker greater protections, for example, a higher minimum age. When considering hiring temporary workers, it is important to understand the protections they are entitled to, including the right to safe and healthy working conditions, the right to be protected from discrimination and harassment in the workplace, and the right to receive overtime pay.

In California, Is It Legal To Hire Day Laborers and Temporary Workers?

In California, it is legal to hire day laborers and temporary workers, so long as they are legally permitted to work in the U.S. Additionally, an employer should be careful to make sure all federal laws and regulations are followed when hiring day laborers and temporary workers.

It is important to take care to know whether the day laborer or temporary worker is being treated as an employee. If this happens, the employer and the worker will have to complete a W-2 form and any other required forms to comply with laws that govern employees.

When an employer is hiring day laborers and temporary workers, it can be helpful to have a lawyer consultation to ensure they are in compliance with all applicable laws, as well as properly treating the worker according to their classification and not as an employee.

What Are My Rights as a Day Laborer or Temporary Worker in California?

In California, day laborers & temporary employees’ rights that are similar to those given to employees are granted under federal and state laws, which can include:

• They must be paid a wage that conforms to the federal and state wage and hour laws
• They must be paid for every hour worked, whether the employer approved their work hours or not
• They must receive overtime pay for every hour worked after forty hours in a given workweek

Consulting with a California lawyer can help a day laborer or temporary worker understand their rights under California law.

How Much Should I Be Paid?

As previously noted, day laborers and temporary workers have to be paid at least the federal or state minimum wage. The pay, however, may vary depending on the job task, the location, and the level of expertise required.

Can I Get Public Benefits?

Whether or not a day laborer or temporary employee in California can get public benefits will depend on California law as well as the worker’s employment status. Although they may not be eligible for all benefits, these types of workers may be eligible for some based on their work status.

It is also important to note that, if a day laborer or temporary employee is injured on their job, they might qualify for benefits because of their injury. A California lawyer can help a worker determine their eligibility under California law.

Can I Join a Union in California?

In California, day laborers and temporary workers are allowed to join unions. It is important to be aware, however, that the rights and protections given to these workers may be different from those given to traditionally unionized workers.

The National Labor Relations Board (NLRB) ruled that temporary workers may vote for and be included in the same collective bargaining units as full-time employees, without getting consent from the temporary agency or the employer.

Am I Covered Under Workers’ Compensation?

As previously noted, a California day laborer or temporary worker may be eligible for workers’ compensation and disability insurance. In the State of California, regardless of the worker’s employment or immigration status, day laborers and temporary workers are entitled to workers’ compensation benefits.

How Can I Protect and Expand My Rights as a Day Laborer or Temp Employee in California?

A day laborer or temporary worker can take advantage of organizations that advocate for their rights, including the National Day Laborer Organizing Network and the National Guestworker Alliance.

These organizations provide resources for support and help workers protect and expand their rights as workers. Additionally, a worker can seek advice from a California lawyer to help protect and expand their rights.

Do I Need a California Employment Lawyer?

Whether you are an employer or a worker with any issues, questions, or concerns related to day laborers and temporary employees in California, it is essential to consult with an employment lawyer. Your attorney can explain the rights and duties of all parties involved under California law.

You can use LegalMatch’s free attorney matching services to find a California employment attorney in your area who can help answer your questions about day laborers and temporary employees. Seeking advice before issues arise can help all parties involved avoid any legal issues in the future.