Temporary employment is employment for a limited period of time. Temporary employees are sometimes hired directly by the employer for whom they work. Or they may be hired by employment agencies.
Temporary employees are also referred to as “seasonal employees.” For example, many retail outlets hire workers with the understanding that they are going to work only for the winter holiday season, because the outlets expect higher customer traffic in that season than at other times of the year. At the end of the holiday season, the employment of the seasonal workers would be terminated.
Whether they work for the employer directly or are employed by an agency, all temps must be provided certain benefits in California. For example, they are entitled to the same rights under California’s unemployment insurance system as permanent employees. They also have the same rights under California’s workers’ compensation system as do permanent employees.
A temporary employee may be hired to work for one day only, for a week, a month, or six months, depending on their specific employment arrangement. However, the expectation is that their employment is not permanent and is set to end after a relatively short period of time.
No time limit on temporary employment has been set by state or federal law. However, supposedly temporary employees who ended up working in the same position for the same employer for years have sued their employers.
A group of what are referred to as “permatemps” who had worked for the company for years sued the company that employed them. They had asked to receive the same benefits as regular, permanent employees. When their employer rejected their request on the grounds that they were temporary employees, they filed a class action lawsuit. They won a settlement of $97 million.
In a lawsuit against the Pacific Gas and Electric (PG&E) company, some “temporary” employees sued on the grounds that they had been misclassified. A federal appeals court decided that they were permanent PG&E employees even though they were, in fact, also employed by an employment agency.
Experts suggest that employers should enforce time limits for temporary employment and not keep temporary workers employed for indefinite periods of time. If they wish to keep a temporary employee on board for an indefinite time, they should adopt a policy of changing the temporary employee’s status to that of a permanent employee after a certain period of time, e.g., 6 months.
A legal consultation with a California lawyer would help an employee or an employer of temporary workers understand all of the state and federal regulations that apply to temporary employment.
Is Temporary Employment the Same as Part-Time Employment in California?
Temporary employment is not the same as part-time employment. When an individual is given temporary employment, it means that they have the employment for a limited period of time. It might be one day or six months, but the understanding is that they have not been hired as a permanent employee with unlimited tenure in their position.
Part-time employment is generally understood to mean that a person works for less than 40 hours in a 5-day week. Working for 40 hours in a 5-day week is considered full-time employment. Employment for less time in a week, e.g., 20 hours in a 5-day week, is part-time employment.
A person can be either a part-time or full-time employee and a temporary employee. A person can be a part-time or full-time employee and a permanent employee.
In California, What Are My Rights as a Temporary Worker?
Under California’s temporary employment laws, employers must provide all temporary employees with certain benefits. As noted above, access to the state’s unemployment insurance and workers’ compensation systems should be provided to all workers, including temporary workers. In addition, they are covered by certain state labor laws, regardless of their employment status, such as the following:
- California minimum wages
- Overtime pay on the same basis as other employees
- Rest breaks
- Meal breaks
- Paid sick leave
- Social Security and Medicare deductions applied on the same basis as they apply to all other workers
- The protection of laws and regulations that make workplaces safe and healthy.
As noted above, temporary employment can count towards a person’s Social Security credits. Whether a person accumulates credits in any given period depends entirely on the amount a person earns, not whether their employment is temporary or permanent. Likewise, temporary employment counts towards Medicare eligibility.
In addition, temporary full-time employees are eligible for the same benefit as regular full-time employees under the federal provisions of the Affordable Care Act (ACA). Temporary full-time employees are generally eligible for the same benefits as regular full-time employees. A “full-time” employee under ACA law is one who works for at least 30 hours per week or 130 hours per month.
In addition, temporary employees should be eligible for Medicaid, known as Medi-Cal in California. In California, eligibility for Medi-Cal depends on a family’s income, size and immigration status. Whether the income is earned through temporary or permanent employment is not a factor in determining eligibility.
If a temporary employee does not receive the benefits to which they are entitled, they have a right to claim them without experiencing punishment or retaliation. If they should experience retaliation or punishment for claiming any kind of benefit, they could submit a claim as explained below.
The federal U.S. Department of Labor also has temporary employment laws. For example, a staffing or employment agency and the business for which the employee works are considered joint employers of a temporary worker.
They share responsibility for providing and maintaining a safe and healthy work environment for temporary workers. They need to work collaboratively to make sure that the provisions of the federal Occupational Safety and Health Act (OSHA) are fully followed.
Under the federal Fair Labor Standards Act, overtime pay laws and overtime pay exemptions are basically the same for both temporary and permanent workers. Exemptions based on job duties and salary levels apply equally to both groups. California also has extensive overtime exemption laws that apply to both temporary and permanent workers. Exemption depends primarily on the nature of a worker’s duties and their pay level.
If a person has an issue involving wage and hour disputes, the first step is to talk to the employer’s human resources department (HR) or their employment agency, if an agency arranged the employment for them.
When HR or the employment agency do not provide a satisfactory result, an employee may submit wage and hour claims with the Wage and Hour Division (WHD) of the U.S. Department of Labor. The WHD division then investigates to determine if there has been an FLSA violation. If it finds a violation, it may compel the employer to pay any wages owed.
Another option is to submit a claim to the California Division of Labor Standards Enforcement (DLSE). The DLSE investigates and renders decisions on the wage claims submitted by workers who submit claims for nonpayment of wages, overtime, or vacation pay.
Can a Temporary Employee Sue for Wrongful Termination in California?
As a basic rule, all employment in California is considered to be at-will employment, meaning that an employer can terminate an employee’s employment for any reason at any time. The employer does not even have to have a reason to justify ending an employee’s employment.
There are, however, several situations in which both California and federal law do not allow an employer to end an employee’s employment for a prohibited reason. For example, a firing that is based on discrimination could entitle the fired employee to file a claim for damages against their employer. If the employer were to fire a person because of their age or disability status, it might lead to a lawsuit.
This could be true even for temporary employees. It might be quite challenging to prove that the termination of one’s temporary employment was based on discrimination, but it is theoretically possible.
A temporary employee could have a contract with their temporary employer. For example, they might have a contract for a very limited period, such as a matter of weeks or 6 months. In that case, if the worker’s employment were to be ended prior to the expiration of the contract period, the employee would be able to claim breach of contract and possibly wrongful termination.
The problem is that in a temporary employment situation, the amount of money the person lost might not justify the cost of prosecuting a lawsuit against the employer. The employee might well be better off just seeking alternative employment.
On the other hand, an individual might have a contract for employment for a period of years. They might command a handsome salary for that limited period of employment, possibly because they possess special, high-value skills. In this case, if the person performed the duties of their employment as required but was fired nonetheless, they might consider a lawsuit seeking damages from their employer.
Do I Need a California Lawyer for Assistance With Temporary Employment Laws?
If you feel that you have been treated unfairly in connection with your temporary employment, you want to consult a California employment lawyer. Whatever your issue, whether it is the wages you are paid, the benefits you have been provided or any other issue, you can present your issue to LegalMatch.com lawyer for a low cost or even no cost and get the answer you need for your situation.
