California Temporary Worker Rights

Businesses in California hire thousands of temporary workers every year. Just because a person is hired as a temporary worker it does not mean that they are devoid of rights in the workplace. If you are considering work as a temporary employee, it is important to understand your rights and what you are entitled to under the law. If you would like to learn more about temporary workers’ rights in California, call or contact an experienced employment law attorney today.

What is a Temporary Worker?

A temporary worker in California is an employee who works for an employer on a temporary basis. A temporary worker may either be employed directly by the company or through a staffing agency that prescreens workers for the job. Temporary workers are different from part-time or seasonal employees, and they are entitled to certain benefits under the law.

Benefits for Temporary Workers

Like other classifications of employees, temporary workers are entitled to certain benefits while on the job. These benefits are protected both by state and federal laws. Temporary workers are entitled to the following:

• Minimum wage
• Overtime wages
• Meal breaks
• Sufficient rest
• Workers’ compensation
• A safe work environment, and
• Unemployment benefits

Injuries on the Job

Even temporary workers are entitled to work in a safe space and not be subjected to unnecessary hazards in the workplace. If an accident does happen and a temporary worker is injured on the job, they are covered by workers’ compensation. In most cases, the primary employer of the temporary worker covers the costs of the injury and workers’ compensation. This means that if the worker was hired directly by the employer they are covered by the employer’s workers’ compensation, and if they are hired through a staffing agency the agency’s workers’ compensation will cover their injuries.

Protection Against Discrimination

In addition to protections against a hazardous work environment, temporary employees are also protected against discrimination in the workplace. Under state and federal law, employers and staffing agencies can both be held liable if they are found to be engaging in discrimination against temporary employees. Neither a primary or secondary employer is allowed to discriminate against a temporary employee based on a protected class, such as race, religion, national origin, sex, age, or disability. 

Protection Against Sexual Harassment

Temporary workers are also entitled to the same protections as other classifications of employees against sexual harassment in the workplace. Under California law, all employees regardless of status are required to undergo sexual harassment training. In addition, temporary workers are protected against sexual harassment, assault, or quid pro quo in the workplace from other temporary employees, full time workers, and supervisors at the company.

Talk to a Lawyer Now

Are you a temporary worker whose rights have been violated by a California employer? If so, you may have a claim for compensation. Talk to an experienced California employment law attorney today to learn more about your legal options.