Temp Agency Scabs Due Pay Daily

January 13, 2009 by Beeson Tayer & Bodine

SB 940 (Yee-D) goes into place January 1, 2009, and requires temporary services employers to pay their employees weekly, regardless of when the assignment ends. Labor Code §201.3. The law was introduced to address temp agency concerns about the California Supreme Court’s Smith decision requiring daily pay to daily hires (see Fall 2006 Labor Law Bulletin). Expressly exempted from the weekly pay rule are scabs employed by temporary agencies; they must be paid daily. Also, non-exempt temps assigned to work on a day-to-day basis must be paid daily if they are dispatched to the client’s worksite each day and return to the temp agency’s office upon completion of the assignment. An employer that fails to pay wages due is subject to a penalty up to an additional 30 days of pay.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.