Legal Question in Employment Law in California
When does a person become an "employee?" Our business is very similar to a temp agency where we have healthcare professionals "register" with us. We collect their personal information, do a background check, and if we have an assignment for them then we enter their information into our system and pay them accordingly. Are they considered an employee once they register or are they an employee once they work the first day?
2 Answers from Attorneys
Once they work, but to avoid any confusion or issues you should make that clear to them, that they are not hired until they are given an assignment and show up for the job.
The Employment Development Dept. has a wealth of materials and programs to help small businesses understand their legal obligations and comply with the law. You should avail yourself of this information to avoid any potential problems with your employees and/or the state.
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