California Temp Workers Can Now Sue Employers For Agency Violations

Employers in California will now share liability with their labor contractors for complying with state labor and wage laws, including safety and workers’ compensation laws.

California Gov. Jerry Brown this week signed into law the hotly contested AB 1897, which extends to nearly all employers rules that previously applied to temps and contract workers in the agricultural, construction, and garment industries.

Strongly supported by organized labor, the bill was labeled a “job killer” by the California Chamber of Commerce, which sought to rally its members to have the governor veto the bill.

Employers forbidden from shifting liability

The bill gives temps the right to sue the company, rather than the staffing agency, for violations of California labor laws. They must first give the client employer 30 days’ notice of an alleged violation.

In addition, the law forbids employers from shifting liability, meaning the client, as well as the labor provider, could be subject to fines and penalties imposed by the state. The law also empowers state enforcement agencies to demand access to records or other information from either the staffing agency or the employer “to verify compliance with applicable state laws.”

Article Continues Below

Discussing the bill with Staffing Industry Analysts prior to it reaching Gov. Brown, Saba Shatara, an attorney at law firm Drinker Biddle, said,:

Employers must now be especially cautious in selecting a staffing agency — and evaluate the agency before partnering with them — in order to limit their risk of retaining non-compliant contractors. When contracting with staffing agencies, employers should also specify remedies against the agency for liability created by the labor contractor’s acts.”

The law doesn’t apply to businesses employing five or fewer temps, or with fewer than 25 total employees. Non-profits and labor groups are also exempt, as are a handful of other employers or contract arrangements.

John Zappe is the editor of TLNT.com and a contributing editor of ERE.net. John was a newspaper reporter and editor until his geek gene lead him to launch his first website in 1994. He developed and managed online newspaper employment sites and sold advertising services to recruiters and employers. Before joining ERE Media in 2006, John was a senior consultant and analyst with Advanced Interactive Media and previously was Vice President of Digital Media for the Los Angeles Newspaper Group.

Besides writing for ERE, John consults with staffing firms and employment agencies, providing content and managing their social media programs. He also works with organizations and businesses to assist with audience development and marketing. In his spare time  he can be found hiking in the California mountains or competing in canine agility and obedience competitions.

You can contact him here.

Topics