Legal Question in Employment Law in California
hi,
I have been working for an appliance company in Los Angeles, CA. for 7 years. They have me filed as a temporary employee. My pay check from the company says A&S temp. Which is a company owned by the owner of the company I work for. I receive no benefits,no paid vacation, no paid lunch, and no paid sick days. is this legal?
1 Answer from Attorneys
Yes. That is typical of 'contract' employees provided by 3rd party companies which are sometimes called 'job shops'. There is no legal requirement to provide any benefits to any employee. That decision is entirely up to the employer, and many are reducing and eliminating benefits to save costs. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay per the state minimum wage and hour laws and any formal company policy on benefits that may be in place, the right to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice.