Traditionally, people aim to find full-time employment where you work 5 days a week for 8 hours a day, which totals 40 hours each week, not counting sick days, holidays, and vacations. And yes, it’s true that the majority of the people working have full-time jobs, but there are plenty of individuals that work on a part-time, seasonal, or temporary basis.
Those who are working in these arrangements may have questions about their legal rights, such as:
- What kind of rights to part-time, temporary and seasonal workers have at their job?
- Am I protected from unfair treatment in the workplace as someone that works part-time or seasonally?
- Are people working on a temporary or part-time basis protected by wage and hour laws, just like full-time workers?
- Do I have the same rights against discrimination, wrongful termination, and other unfair actions by my employer?
The answers are not always clear when it comes to these questions, and as a result, many workers are taken advantage of by their employer, or multiple employers throughout their lifetime. If you suspect that your rights in the workplace were violated, you may be entitled to monetary compensation from a labor law claim.
Seeking help from a legal expert is particularly important for part-time workers or those working on a temporary / seasonal basis. Our law firm is ready to help, 24 hours a day, 7 days a week. If you need to verify whether your rights were infringed on and what actions you can take against your employer, contact our attorneys and schedule a free case evaluation.
What are the Differences between Part-Time, Temporary, and Seasonal Employees?
These workers tend to get lumped into a general category, but there are critical differences that exist between part-time, seasonal, and temporary employment. This is important information when it comes to your employment rights. With that in mind, let’s take a look at some critical factors that define employment in each of these categories:
- Part-time employment: part-time employees work under 35 hours per week and are normally paid an hourly wage. These workers are held to the same standards as their full-time colleagues in terms of company rules, practices, duties, etc. However, their part-time status may disqualify them from certain employment benefits.
- Temporary employment: as a temporary worker, you are aware from the start that the term of employment has a definitive end. Temporary workers may be hired to fill positions while someone is on leave or to lend a helping hand when extra labor is needed. Many temporary employees, often known as “temps,” apply with staffing agencies that connect them with employment opportunities. The temporary status normally disqualifies the worker from job-related benefits, but they may be able to access perks like healthcare from the staffing agency.
- Seasonal employment: such workers are typically hired during peak, in demand times for certain businesses. For example, many seasonal workers are hired during the winter holiday season by major retailers to stock shelves, help customers, process orders, and many other tasks.
If you need more information on your work status or have any other questions regarding your employment rights, don’t hesitate to give us a call.
What Rights Do I have as a Part-Time, Temporary, or Seasonal Employee?
No matter what you do for a living or how many hours you work per week, there are certain rights that are guaranteed by law. Thus, employers in California cannot treat employees unfairly based on the fact that they are not working for the company full-time. Essential rights that you have as an employee include:
- Not being subjected to discrimination based on race, age, religion, and other protected characteristics
- The right to file a safety violation complaint without fear of retaliation
- Refusal to take a polygraph test
- The right to earn at least the minimum wage
- If applicable, the right to overtime and double pay
- The right to a meal break of 30 minutes if your work shift exceeds 5 hours, along with a second meal break if you work past 10 hours
- The right to take 10-minute breaks for every 4 hours of work
These are just some of the rights that may be available to you as a worker in the state of California. To learn more about the protections you have regardless of your employment status, please reach out to us at your earliest convenience.
What Do I Do if My Rights were Violated?
The actions you need to take are based on the specific violation by your employer. For example, did they fire you or put you in a lower position based on discrimination? Are you being harassed or bullied because you asked for disability accommodations? Were you denied meal and rest breaks during your work shifts?
Those who are discriminated against by the employer can file a complaint with the California Department of Fair Employment and Housing. However, if you want justice for wage and hours violations, you will need to file a complaint with the Department of Industrial Relations (DIR).
Please note that even if you wish to file a lawsuit, you must report the matter to the applicable agency. If the agency is unable to resolve the issue but finds that your claim has merit, they will send you a Right to Sue letter. This way, you can file a lawsuit and seek monetary damages from your employer, such as:
- Lost wages and job benefits
- Pain and suffering / emotional distress
- Damage to your professional reputation
- Punitive damages
An employment lawyer can advise you of the payments you are entitled to and the amounts you should ask for in each of these categories. Please get in touch with us for a detailed discussion on the right to sue your employer as a part-time, seasonal, or temporary worker.
Help from a California Employment Attorney
People that work on a part-time or temporary basis have rights when it comes to how they are treated by an employer. But it can be tough to speak out and take legal actions when your rights are infringed, and this is why legal advice is so important, right from the start.
The legal team of California Labor Law Employment Attorneys Group is here to help with any concerns you have about your rights in the workplace. Whether you work less than 40 hours a week or during a specific time of the year, we are ready to investigate your claim and obtain the results you need and deserve. We provide legal services for $0 upfront and only get paid if we secure payment on your behalf from a settlement or jury verdict. We also have a Zero Fee Guarantee policy, so you pay us nothing if the case is not resolved in your favor.
Please contact our office and ask to speak with an employment lawyer during a free case review.
