What Is a Per Diem Employee in California?

Frank S. Clowney III

The phrase “per diem” is Latin for “per day.” Per diem employees are employees who are hired on an “as-needed” basis to provide immediate work for their employers. Per diem work can be rewarding, flexible, and popular for certain peoples’ schedules. However, it is also possible for some employers to take advantage of per diem employees by denying them certain rights. To know when your rights are violated, you should first know, “What is a per diem employee in California?”

What Is a Per Diem Employee in California?

Under California labor laws, a per diem employee is a worker who is employed on an “as-needed” basis but is still afforded the same rights as a standard California worker. They may be similar to independent contractors or freelance workers, but they are still employees of a California company, which grants them certain rights under state labor laws.

Depending on the company that per diem employees work for, they may not qualify for the same benefits. However, since per diem employees are still employees, their employers must reimburse them for work-related expenses and pay them for any time that is devoted to fulfilling their jobs. If that payment is denied, per diem employees may want to consider speaking with a wage and hour lawyer to ensure they are not being taken advantage of.

The Rights of Per Diem Employees

Working at one’s own pace and setting your own hours can be a rewarding and fulfilling way to work for some people. However, by committing to a per diem position, you may not qualify for certain benefits, particularly health insurance coverage, retirement benefits, or paid time off (PTO). However, there are certain employee rights that per diem employees cannot miss out on, thanks to the state’s labor laws. Here are some of those rights:

  • Full-Time Transparency: Employers are required to track the hours of per diem employees. Any employee who reaches at least 30 hours on the clock per week is considered a full-time employee under the Affordable Care Act and thus could be eligible for health insurance benefits. Employers must make insurance available to any full-time employees.
  • Medical/Family Leave: If a per diem employee works more than 1,250 hours over a period of one year, they may qualify for job security if they have to take medical or family leave. This is afforded to California employees under the California Family Rights Act (CFRA).
  • Certain Employer Policies: Per diem employees are still considered employees of the company that they work for, even if they work different hours as needed. This means that their employers’ policies for their employees apply to the per diem employees as well. The employer must inform the employees of those policies, as per diem employees may also have meal and rest breaks, paid sick leave, and protected absences.

If you are a per diem employee and you feel like your employer may be taking advantage of your position and not affording you certain rights that you should be given, you may want to consider speaking with a California labor attorney who can assess your situation and help you determine if you do have a viable case against your employer for labor violations.

FAQs

Q: How Does Per Diem Pay Work in California?

A: The way that per diem pay works in California is fairly similar to how standard employees are paid. However, some significant differences come into play. For example, employers may pay per diem employees additional payments to cover traveling expenses, such as meals, lodgings, and other incidentals that may arise while traveling for work. Companies may establish their own way of handling per diem payments. As long as their policies don’t clash with state law, they may do so.

Q: What Does It Mean to Be a Per Diem Employee?

A: A per diem employee is an employee who works on an as-needed basis for their employer. They don’t have a set schedule, and they may work minimal hours. Due to the minimal hours, they may not qualify for certain benefits like health insurance or retirement. However, they do have a flexible schedule and can largely choose their own hours, depending on their employer. They may be paid by the day or by the project as opposed to a regular salary.

Q: Is a Per Diem Job Worth It?

A: There’s no telling whether a per diem job will be worth it to whoever is considering going into that line of work. Everybody’s needs are different. Per diem work can be very rewarding for some, particularly those who enjoy the level of freedom it brings to their life by setting their own schedules. Others may want a more set schedule and enjoy the benefits a standard job provides. It depends on the person and what they are looking for in a career.

Q: What Is the Difference Between Per Diem and Hourly Employees?

A: The major difference between per diem and hourly employees is the scheduling. Per diem employees work on an as-needed basis and are often paid by the day or by the completed project. Hourly employees largely have an established schedule that tells them their hours, and those employees are paid by the number of hours they work. Both ways of working have their benefits and their disadvantages.

Reach Out to an Experienced Labor Lawyer Today

Per diem work can be rewarding, as it can allow employees to make their own schedules and live their lives around their work. Granted, that level of freedom may come at a price. Per diem employees might not qualify for certain benefits that salaried or hourly employees may enjoy, such as health insurance. Still, it can be rewarding work, so long as nobody tries to take advantage of your position.

If your employer does try to take advantage of your per diem categorization, you may want to reach out to the legal team at The Law Office of Frank S. Clowney III. We can help you figure out your situation and determine if you have a valid case. From there, we can gather evidence that shows labor violations, and we can represent your interests. Contact us to schedule a consultation with one of our valued team members today.