Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

connmess

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • connmess

    Is there a law that requires a company to pay a temp employee compensation for an orientation?

  • #2
    Sort of.
    - No such thing legally as a "temp" employees. All employees are legally either "independant contractors" or "employees". This is a function (for the purposes of your question) of a federal law called FLSA.
    - The "default" for FLSA is that all employees must be have hours worked tracked by the employer, must be paid at least minimum wage, and must be paid overtime (where applicable). Now FLSA has a huge number of exceptions, something like a 100 for MW, OT or both. But there is no "temp" exception. What is true for a "non-temp" (whatever that means) is true for temps.

    http://www.dol.gov/whd/regs/compliance/whdfs22.pdf

    Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.
    If the so-called "temp employee" files a wage claim, the employer will lose. This is very black letter law, and the employer does not have a leg to stand on.

    -------

    Not your question, but change your question to something about benefits then "temp" might make a difference.
    Last edited by DAW; 08-03-2010, 02:52 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Thanks - this helps a lot!

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X