Per Diem Employee Rights California Explained

Posted on December 15, 2023 | By Omid Nosrati | Employment Law

While most people understand the differences between full-time and part-time work, the rights of per diem employees in California are often misunderstood or overlooked. The flexibility of per diem employment, which is also known as “as-needed” or “day-by-day” work, creates benefits for both employees and employers. This employment model often results in misunderstandings regarding legal safeguards and the ability to access benefits, while also presenting job stability challenges. It can be helpful to have per diem employee rights in California explained.

When workers don’t understand their rights, employers can exploit knowledge gaps to avoid following California labor regulations. A California employee rights lawyer can help per diem workers defend against unfair treatment and make sure they receive all the legal benefits they deserve.

What Is Per Diem Employment?

Per diem, or “per day” in Latin, typically means work that is scheduled as it is needed. Employers often utilize per diem employees when they have short-term assignments or require varying amounts of work throughout the year. There are many benefits to this style of employment, including:

• Flexibility: Employees who have a lot going on might appreciate the flexible work schedule of per diem employment. It might also be beneficial for employees who struggle with the predictability of a 9-5 job. Some employers allow their per diem employees to schedule their own shifts, which can help them juggle other obligations.
• Pay: Due to the inconsistency in hours, some per diem employee roles pay more than if the role were to be completed by a traditional employee. This means that per diem employees can work with multiple companies at once and potentially earn more money working the same amount of hours.
• Experience and Growth: It is also possible for an employer to eventually hire a per diem employee on a more full-time basis, depending on their performance. Certain roles allow employees who are new to the workforce or a specific field to gain experience while being paid for their efforts.

Unfortunately, there are also several downsides to being a per diem employee, especially considering:

• Job Security: Per diem employees are asked to work when there is work available, making them the most vulnerable during slow seasons or economic downturns. The amount of hours available to work might vary considerably depending on the time of year or current events.
• Benefits: Employers are not legally required to offer the same benefits to per diem employees. While many receive minor benefits like sick leave, they might have to cover certain benefits like health insurance completely out of pocket.
• Cohesiveness: Due to a per diem employee’s schedule, they might not feel as connected to their coworkers because they might not see them as often. They might also feel like they have less ground to stand on when considering filing harassment or discrimination complaints against their employers.

Per diem staff members work according to demand and regularly experience unpredictable work schedules without set hours. Industries such as healthcare, education, and hospitality regularly employ these workers because their staffing requirements change frequently. Per diem employees work without fixed shifts or consistent weekly hours, which differs from the set schedules of full-time or part-time workers.

The ability to control their schedules benefits working per diem employees, but often results in their exclusion from standard employee benefits. Employers who hire workers under per diem status must still follow all applicable California labor laws. All employees retain rights to minimum wage and meal/rest breaks, along with proper pay statements, no matter their work frequency.

Are Per Diem Employees Entitled to Benefits?

The provision of benefits, like health insurance and retirement plans, to per diem workers remains inconsistent across employers. Benefits depend on the number of hours worked and the classification of employment. California law establishes key protections that apply to workers no matter what their benefits status is.

Both full-time and part-time employees, as well as per diem workers, must earn minimum wage and qualify for overtime pay when it applies. Businesses are prohibited from designating workers as per diem employees to sidestep offering them benefits they would normally receive. When you believe your employment classification is preventing you from receiving benefits unfairly, consulting with an employment lawyer to assess potential rights violations could be beneficial.

Firing Without Just Cause

The employment laws of California allow most workers, including per diem workers, to be dismissed without warning for any cause or even without cause. Per diem employees enjoy protection against termination for discriminatory actions, retaliation following labor violation reports, and exercising protected rights such as medical leave requests.

You maintain your legal protections regardless of irregular work hours. Unlawful termination may entitle you to reinstatement and back pay or damages based on your case details.

Unemployment Benefits

California per diem workers can receive unemployment benefits when they fulfill the necessary requirements. To determine eligibility, you must demonstrate sufficient earnings from the last year, along with your capability and availability to accept employment. You remain eligible to apply for benefits because per diem workers with reduced hours or a lack of assignments can still receive unemployment support. Over 1,000,000 Californians receive unemployment benefits.

Applicants need to maintain an accurate record of their earnings and provide truthful information during the application process. You have the option to file an appeal if your benefit claim is denied. You can contact a labor attorney for guidance on your eligibility status and dispute resolution.

Legal Protections for Per Diem Workers

California labor laws provide similar protections to per diem employees as they do to regular employees. Employee protections for per diem staff include entitlements to meal and rest breaks, as well as safety measures and anti-discriminatory safeguards. Employers are required to provide precise pay stubs while maintaining proper wage records.

Per diem workers can obtain family and medical leave benefits when they fulfill the necessary qualifications according to the California Family Rights Act or the FMLA. Employers do not have the authority to bypass labor standards because a worker is classified as “per diem.” Your employer has to provide fair treatment according to legal standards if you work irregular shifts but maintain consistent business contributions despite scheduling flexibility.

What to Do If You Suspect a Violation

If you believe your employer has violated your rights as a per diem employee, take steps to protect yourself. Document the problem from the start, whether it relates to withheld wages, missed breaks, unsafe work conditions, or employee misclassification. Document your work schedule, company communications, and your pay stubs. Approach your employer or the human resources department to discuss the problem that has arisen.

If your employer fails to resolve the problem or if you face retaliation, contact an experienced California employee rights lawyer. An attorney can help you understand if labor laws were violated and advise you on filing a complaint or claim. Your per diem employment status does not prevent you from defending your rights.

FAQs

Q: What Are the Per Diem Rules in California?

A: Per diem employment is typically used when an employer has a role with flexible hours that might change from week to week. Unlike independent contractors, people who work per diem are often employed by the company they work with. Although their hours differ from other types of employees with set schedules, employees who work per diem are still entitled to many of the same rights that other employees have, including breaks and overtime pay.

Q: Do Per Diem Employees Get Benefits in California?

A: Employers are not required to provide the same benefits to per diem employees as they do to their other employees. Many employers offer some benefits like sick leave and a retirement plan like a 401(k). California law requires some benefits to be paid out to specific employees depending on the nature of their employment. Each employer is different regarding per diem benefits, so a potential employee must review their contract to understand specific benefits.

Q: Does a Company Have to Pay Per Diem in California?

A: In certain contexts, per diem payments relate to expenses that employees might incur while traveling for work. An employer must reimburse an employee for any costs related to their job. Every company is different, and some outline specific limits on per diem payment amounts. Others highlight specific requirements like approved hotels and airlines. Before spending any money related to work, an employee should review their company’s per diem policy.

Q: What Are the Pros and Cons of Working Per Diem?

A: Some employees enjoy being able to have flexible schedules to accommodate other things in their lives like education or family. It can also be a helpful way for an employee to gain experience in a desired field without having to commit to a full-time job. However, most per diem employees receive fewer benefits than standard employees and lack consistent hours, meaning that paychecks could vary considerably from month to month.

Q: Do Per Diem Employees Have the Same Rights as Full-Time Workers in California?

A: Per diem staff members do not automatically obtain full-time employee benefits, yet remain protected under the fundamental labor laws of California. California labor laws ensure that per diem employees have a right to minimum wage and overtime pay, along with meal and rest breaks, and protection from discrimination and retaliation.

An employee’s per diem status does not permit employers to bypass their legal responsibilities. Regular work or meeting specific thresholds enables employees to receive extra benefits and legal protections.

Contact Nosratilaw, A Professional Law Corporation

Per diem employment provides workers with flexible scheduling but makes it difficult for them to comprehend their legal rights. Under California labor laws, all workers receive protection no matter their schedule frequency or total work hours. Per diem employees who experience problems with wage violations, misclassification, or denied breaks should be aware of available support options.

Employers have no legal right to ignore their responsibilities based on your employment classification. The team at Nosratilaw, A Professional Law Corporation, actively defends workers who have suffered unjust treatment. Our team recognizes the special difficulties that per diem employees face and can assist you in exploring your available options. Reach out to Nosratilaw, A Professional Law Corporation, for dependable legal support and protection of your workplace rights. Book a consultation today.