Are you a temp worker in California? Have you ever wondered who would be held responsible for a violation if you are not being paid overtime? What about instances of discrimination, retaliation and/or harassment—who would be responsible for remedying your situation?
You should be aware that as a temp worker, you have legal rights. On January 1, Assembly Bill 1897 took effect, aimed at addressing issues in warehouses and other industries that typically outsource their employment to agencies and staffing companies.
AB 1897 holds staffing agencies and temp firms, as well as employers who utilize temp workers, responsible for “all civil legal responsibility and civil liability for all workers.” This means that issues, including wage violations and worker conditions, as well as any remedies are the responsibility of both entities.
In the past, legally, there were often battles between companies and staffing agencies over which entity was responsible for these claims. The new legislation means if you work for a staffing agency or temp firm and are contracted to another company, and you experience issues at the position, both entities may be held liable legally. Thus, you could potentially file a lawsuit against all parties involved.
Working with an Attorney as a Temp Worker
With AB 1897, as a temp worker, you now have more rights when it comes to filing a lawsuit. Remember, even if you are employed through a staffing agency, you are entitled to a legal minimum wage, and you should not be subjected to harassment or discrimination at work.
If you are in the midst of a dispute with your employer, even as a temp worker, it may be in your best interest to speak to a labor attorney. Having a basic understanding of your workplace rights is critical in any employment law case.
In some instances, including potential clients contacting our firm, you can request a free case review, so speaking to an attorney initially may not cost you money. Continue to follow our blog to stay up to date about California employment law. As this legislation shows, employee rights are constantly changing.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys