California Labor Laws Temporary Employment
The Division of Labor Standards Enforcement (DLSE) enforces California's labor laws, which apply to employees working in the state, including some temporary employees, but usually not contract employees. Under California's labor laws, qualifying employees are entitled to rest periods and breaks. They are also entitled to a higher state minimum wage and overtime pay, with some limited exceptions for salaried employees.
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Temporary Employees
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Temporary employees, as the name suggests, are employees for a fixed duration. Legally, there are two types of temporary employees: employees who are effectively on lease from a staffing agency and employees who are hired directly for a predetermined period.
Fair Labor Standards Act
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The Fair Labor Standards Act (FLSA) is a federal labor law that applies to all employees in the United States, including employees in California. Under the FLSA, temporary employees are entitled to the same rights as regular employees, such as earning a minimum wage and overtime pay, if applicable. Employers, both the staffing agency, and the establishment the temp is placed at, are also prohibited from discriminating based on the temps race, sex, religion, national origin, age or disability.
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State Law
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Although California offers generous labor laws that provide additional benefits beyond the FLSA to California employees, no special state laws for temporary employees exist. Therefore temporary employees in California are limited to, but also protected under, the FLSA provisions.
Independent Contractor
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A temporary employee is different from an independent contractor, who is usually not protected by or entitled to the benefits created by California labor laws and the FLSA. A temporary employee, to be distinguished from an independent contractor, is someone whose job requires direction from a supervisor, does not involve a high level of skill or expertise, is paid hourly and is paid benefits. Independent contractors generally work on their own accord, are hired for their specialized skill and receive no benefits.
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Comments
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Excellent description, bout would appreciate links to regulatory citations.
