A day laborer is a worker who is hired and paid on a daily basis, with no guarantee of any future work outside of the tasks that they are assigned for the day. Day laborers are typically employed for jobs where individuals are seeking extra assistance for work that requires multiple laborers to timely complete. For instance, common day labor jobs include jobs related to construction, landscaping, or moving.
It is important to note that the United States Department of Labor (“DOL”) does have laws that provide legal protections to day laborers. According to the DOL, day laborers must be paid at least the federal minimum wage for all hours worked, regardless of whether they are paid by the hour, the day, or at a piece rate.
In addition to the federal minimum wage laws, employers must also comply with any state laws that provide greater employee protections for day laborers or contract workers.
Similar to independent contractors, day laborers are not considered to be employees of the company that hires them. In other words, day laborers are treated as independent contractors for the purposes of federal and state employee protections.
Because day laborers are not considered employees of the company that hires them, they are not entitled to benefits such as health insurance, paid time off, or workers’ compensation. As such, if you are considering hiring a day laborer, it is important to ensure that you are complying with all applicable federal and state laws and regulations. Staffing agencies may also be used to locate and hire day laborers or temporary workers for certain industries.
A temporary worker is a contracted worker that is hired for a short-term job. Similar to day laborers, temporary workers are typically hired to fill positions that require additional help for a short period of time. However, unlike day laborers, the period of time for temporary workers may last an entire season or for an otherwise specified limited period of time.
Temporary workers can either be hired directly by the company or through a staffing agency that specializes in locating and providing temporary laborers. Similar to day laborers and independent contractors, temporary workers are not considered to be an employee of the company that hires them.
As such, they are not entitled to company benefits such as health insurance, paid time off, or workers’ compensation for injuries. However, temporary or seasonal workers may still qualify for some company benefits, such as an employee discount with the company or company meals.
If you are considering hiring a temporary worker, it is important to ensure that you are complying with all applicable federal and state laws and regulations. Similar to day laborers, the U.S. DOL mandates that temporary workers must be paid at least the federal minimum wage for all hours worked, regardless of whether they are paid by the hour, the day, or at a piece rate. In addition, employers must also comply with any state laws that provide greater employee protections, such as a higher minimum wage.
If you are considering working as a temporary worker, it is important to understand your legal rights and protections under the law. Temporary workers are entitled to certain protections under federal and state law, including the right to safe and healthy working conditions, the right to be protected from discrimination and harassment in the workplace, and the right to receive overtime pay.
Is It Legal to Hire Day Laborers and Temporary Workers?
In short, yes, it is legal to hire any and all day laborers and temporary workers, as long as they are legally allowed to work within the United States. As such, employers should be careful to ensure that they meet all federal laws and regulations when hiring day laborers and temporary workers.
Employers should be especially careful if they treat a day laborer or temporary worker as an employee. For instance, if a moving company hires a day laborer for a big moving job, and they exercise control over the worker’s behavior on the job, then the employee may be considered to be an employee. In such a case, the employee and worker will need to execute a W-2 form and other related forms to comply with laws concerning employees.
What Are My Rights as A Day Laborer or Temporary Worker?
Once again, day laborers and temporary workers have certain legal federal and state rights that are similar to the rights granted to employees. Examples of common rights that day laborers and temporary workers have include, but are not limited to:
- They must be paid a wage that conforms to the federal and state wage and hour laws;
- They must be paid for every hour worked, regardless of whether the company approved their work hours or not; and
- They must receive overtime pay for every hour worked after forty hours of work are performed in a given workweek.
Once again, because day laborers and temporary workers are not considered employees of the hiring company, but rather independent contractors, they are not entitled to benefits such as health insurance, sick leave, or workers’ compensation.
How Much Should I Be Paid?
As mentioned above, a day laborer or temporary employee must be paid at least the federal or state mandated minimum wage. However, the pay for day laborers and temporary workers will vary depending on their job tasks, the location in which they are hired to work, and the level of expertise required for the job.
For instance, day laborers or temporary workers that are experienced in performing welding on the job, may receive a higher pay then construction workers who are hired to perform construction cleaning services.
Can I Get Public Benefits?
As far as the eligibility of day laborers and temporary workers to receive public benefits, that will depend on the labor laws of the state and the worker’s employment status. Although not every public benefit is available to day laborers and temporary employees, such workers may be able to claim certain benefits if they are eligible based on their work status.
The best way to find out if a day laborer or temporary employee can claim public benefits is by reviewing the labor laws in their state. If a day laborer or temporary employee is injured on the job, they may qualify for benefits related to their injury, depending upon the laws of the state in which they work.
Can I Join A Union?
In short, yes, day laborers and temporary workers can join unions. However, the legal rights and protections that are afforded to day laborers and temporary workers may differ from those granted to traditionally unionized workers.
The National Labor Relations Board (“NLRB”) has previously ruled that temporary workers may vote for and be included in the same collective bargaining units as full-time employees, without the consent of the temporary agency or the employer. However, day laborers are not typically afforded the rights granted to unionized workers, due to lack of union representation.
Am I Covered Under Workers’ Compensation?
As mentioned above, day laborers and temporary employees may be eligible for workers’ compensation, as well as state disability insurance, if they work in a state that explicitly provides that day laborers and temporary workers are covered by such programs.
However, in most cases, an employer does not have to pay for costs associated with traditional employment, such as unemployment insurance and workers’ compensation.
In California, day laborers and temporary workers are entitled to workers’ compensation benefits regardless of their employment or immigration status. In Massachusetts, temporary workers are covered under workers’ compensation laws, including individuals who are working under temporary employment agencies.
How Can I Protect And Expand My Rights as a Day Laborer or Temp Employee?
If you are a day laborer or temporary worker, it is important to understand your legal rights and protections under both state and federal law. Additionally, there are several organizations that advocate for the rights of day laborers and temporary workers, such as the National Day Laborer Organizing Network and the National Guestworker Alliance.
Both of these organizations can provide resources and support to help you protect and expand your rights as a day laborer or temporary worker. Finally, securing a long term salaried or part-time employment position will also expand an individual’s rights as an employee.
Do I Need An Employment Lawyer?
If you are an employer or individual who is considering hiring a day laborer or temporary employee, you should consult with an experienced employment attorney. Because state laws vary widely in terms of tax and employment law, working with an experienced employment attorney is the best way to ensure you receive relevant legal advice.
An experienced employment attorney can help you understand whether or not a worker is considered to be an employee or in the category of independent contractors. An attorney can also ensure that you draft a solid work agreement that protects you from liability from the use of day laborers and temporary employees.
If you are a day laborer or temporary employee, an employment lawyer can also help you determine how best to protect yourself. An attorney can help you initiate a personal injury lawsuit if you were injured on the job and cannot recover through workers’ compensation.
Finally, regardless of whether you are a day laborer, temporary employee, or employer, an attorney will also be able to represent you in court, as needed, should any legal issues arise that require court intervention.
