Hiring Seasonal Or Gig Workers In Placer County, CA? Legal Pitfalls To Avoid

In this article, you can discover…

• Whether seasonal workers are considered employees in California.
• What terms should be included in a contract for a seasonal or temporary worker.
• How to legally terminate seasonal employment without creating risk.

Are Seasonal Workers Considered Employees Under California Labor Laws?

In California, workers are designated as either independent contractors or employees. This is true whether the worker is with you for a season or for the long term. Generally speaking, independent contractor rules revolve around the contractor’s right to control the details of the work they do.

For example, if you run a coffee shop and you hire a 19-year-old as a Summer barista, that person would be an employee. But if you call someone to fix the plumbing in your coffee shop throughout the season, that person will be an independent contractor.

All California laws for pay, meal breaks, and rest breaks apply, whether the employee is a seasonal hire or is expected to be with the company over multiple seasons.

What Terms Should Be Included In A Temporary Or Seasonal Employment Contract?

For regular employees, I typically recommend an offer letter and an employee handbook over a formal contract. Typically, as an attorney, I only recommend employment contracts for C-level positions, such as an Executive Director.

Provide the seasonal employee with an offer letter and a copy of the handbook, and ensure that they sign a document acknowledging receipt of the handbook. Keep the signed acknowledgement in a safe place.

All of the provisions of the handbook would then also apply to the seasonal worker, such as at-will employment (meaning that either you or the seasonal employee may terminate the employment relationship at any time, with or without notice, for any or no reason).

Your offer letter to a seasonal employee should outline the basic terms of employment and specify the season’s duration (e.g., November 15 through January 3rd). The offer letter should also include a copy of Form 2810.5, which can also be used to inform the contents of the letter.

How Can I End A Worker’s Seasonal Employment Without Creating Legal Risk?

To mitigate risk for you as an employer, it is best to use an offer letter that explicitly specifies the duration of the seasonal employment. Be specific, but draft the offer letter to make it clear that the employee may still terminate their employment before the season ends.

Still Have Questions? Ready To Get Started?

For more information on seasonal worker laws in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 534-1541 today.