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November 7, 2024

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Failure to Pay Wages

Seasonal work: What to know about your pay

Every winter, there’s a huge demand for seasonal workers – especially in the retail and service industries.

Seasonal employees help a vast number of businesses meet an increased demand for short-term labor, but these workers are not always treated fairly. Here’s what you need to know to protect yourself

You have the same right to fair pay as any other worker

In California, seasonal temporary workers are protected by the same wage and hour laws as regular employees. Here’s what this does (and does not) mean:

  • Your employer must pay you the applicable minimum wage. The state minimum is $16.00 per hour for most employers, but some industries have higher requirements. Fast food workers, for example, must generally be paid $20.00 per hour. In addition, certain cities and counties within the state have their own higher minimum wages.
  • Your employer does not have to pay you extra for working on a holiday. Unless you are subject to an agreement that says otherwise or your employer’s policies specifically require them to pay a higher rate, you are still only due your regular rate of pay, even if you work Thanksgiving, Christmas or another holiday.
  • You are due overtime when you work more than eight hours in a day or 40 hours in a workweek. That is “time and a half” for any hours above those. Your employer cannot deny you overtime because you’re just “temporary” help.

Employers should know the law – but many of them count on the fact that their seasonal and other temporary employees do not. If you become the victim of wage theft this holiday season, you may want to further explore your legal options.

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  • ARCH Legal PC Press
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