How to Protect Your Rights as a Temp Worker in California?
Many companies hire temporary employees for a certain period. They might be hired directly or through a staffing agency. The temp workers are not subjected to all the company benefits like vacation pay. That does not mean the states do not protect their worker’s rights.
California labor laws for temporary employees ensure safety and fair treatment in the workplace. If you are a temporary worker concerned about your rights, follow this article to speak for yourself.
Things you should do to protect your temp worker rights
Know your rights
The first thing you should do as a temp worker is know about your rights. Sometimes you may face job discrimination, and your employer may manipulate you by saying that you are not a regular employer, so you do not get to say anything. But this is not the case. California temporary employee laws cover your fundamental worker rights, including:
- Minimum wage
- Overtime
- Meal and rest break
- Unemployment benefits
- Workers comp benefits
- Paid sick leave
- Retirement benefits
Demand for the safe work environment
Your employer is legally bound to provide a safe working place. This includes the supply of safety equipment needed for your job, a training session on how to use that equipment, and an overall safe environment. If you feel that your workplace is dangerous, you can refuse to work there according to the California Labor Code section 6311. The California Occupational Safety and Health Act of 1973 also ensures your rights to a healthful working space.
Stand against job discrimination.
Your rights as a temporary employer are protected by the State and federal anti-discrimination and anti-retaliation laws. The California labor laws for temporary employees prohibit employers from any discriminative action based on the following:
- Race
- Color
- Religion
- Sex
- Pregnancy
- Disability
In case of job discrimination, you should file a complaint to the California Department of Fair Employment and Housing to protect your rights.
Ask for medical benefits
Under the Affordable Care Act, temp workers can receive health insurance if the employer has over 50 employees and the temp worker’s working hour is over 30 hours per week. When you are eligible for this benefit, ask for health insurance from your company.
Seek legal assistance
If you believe your worker rights have been denied, do not settle for less. You have to consult an employment attorney for legal advice. You should follow proper methods to ask for compensation. You can also file a lawsuit to preserve your rights.
Can a temporary employee sue for wrongful termination?
Situations may vary from person to person, but the temp workers can sue both the staffing agency and the company for wrongful termination. Additionally, wrongful termination of temporary employees will result in fines or penalties for the company.
Final Words
Temp workers often face unfair treatment by the company they work for. California labor laws for temporary employees forbid this kind of unjust action. You have equal fundamental rights as an employee regardless of your employment status. Hopefully, this article could provide reliable facts on this issue.
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