What is a Per Diem Employee?

In California, an employee classified as per diem does not possess a regular schedule. Instead, per diem employees work the hours they are assigned, which can fluctuate. Per diem employees can be found in many industries, from healthcare and education to the restaurant industry.

Is a Peer Diem Position Worth it?

Often, a per diem arrangement benefits both the employee and the employer.

Per diem employees enjoy a flexible working arrangement. As opposed to working a regular 40-50 hours a week, per diem employees have a constantly shifting schedule. Although this does not work for everyone, many workers find the flexible per diem employee schedule helps them spend more time with their families.

Do Per Diem Employees Receive Benefits?

We’ve established that per diem employees enjoy more flexible hours than workers with more traditional schedules. However, a percentage of California per diem employees sacrifice some benefits for the flexibility this schedule affords.

Per Diem Benefit Questions

Usually, per diem employees do not receive health insurance, retirement coverage, or paid time off (PTO). However, these are valuable benefits, so individuals debating a per diem position should take the decision seriously.

Employers must communicate what benefits employees will receive and will not receive when working per diem. Labor disputes sometimes stem from miscommunication regarding an employee’s expected benefits. For example, Frank began working per diem for a delivery company in September, but Quick Deliveries Inc. did not tell him that he would not receive health insurance. In December, he realizes this and considers taking legal action.

There is no guarantee that Frank will have the grounds to file a lawsuit, but employers can avoid such situations by communicating clearly with their per diem employees.

What is the Employer’s Responsibility to Per Diem Workers?

Employers must deliberately track per diem workers’ work hours. After putting the employment contract into writing and agreeing on the terms, employers must ensure that per diem workers are being treated fairly.

Full vs. Part-Time Employees

One thing that employers must track is whether employees are considered full or part-time. When an employer hires a full-time employee, the ACA requires the employer to provide health coverage. Full-time employees work for 30 hours a week or more. Per diem employees that work 30 hours or more must be provided health care, and if they are not, this action could be grounds for a labor dispute.

Typically, per diem employees do not work 30 or more hours per week. Since health insurance costs are high, using per diem labor keeps employer costs down.

Keeping Track of Hours: Employers and Employees

Employers of per diem employees should also carefully record the number of hours the employees work in a year. If this number goes over 1250, the worker can receive PTO based on the Family and Medical Leave Act (FMLA).

It is also vital for per diem employees to record their hours. This way, these workers can prove that, for example, they deserve paid time off or a health care plan. Employers must provide them when employees can prove they are eligible for these benefits.

Reasons for Per Diem Employees to Hire an Employment Lawyer

It is time to contact a professional attorney if an employee is wrongfully refused health insurance or paid time off by their employer. Per diem employees have the same rights to legal action as other employees.

When per diem employees in California contact a skilled employment lawyer, they raise the chances of obtaining the benefits they deserve.

Employees seeking an unorthodox schedule, more flexibility, and more free time should consider becoming per diem employees. If employers and employees keep careful records and agree on the position, there will be no surprises down the road.

What Is a Pay Stub and Why It Matters for Employees and Employers

Pay stubs detail wages, deductions, and taxes, helping employees track earnings and employers comply with state payroll regulations. They support loan applications, reduce payroll disputes, and are required or regulated in many states across the U.S.

What Are the Proper Steps to Fire Someone in California?

Terminating an employee in California requires following legal guidelines, maintaining professionalism, and ensuring proper documentation. This guide outlines lawful termination reasons, key procedural steps, and best practices to reduce legal and financial risks.

How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction in California stays on public record indefinitely but may be eligible for expungement under specific conditions. Background checks typically show misdemeanor convictions for seven years, but expungement can remove them from most employment screenings.

How Do I Prepare a Script for Firing Someone?

Learn the professional steps for firing an employee, from preparing a script to handling emotional reactions. Understand the proper procedures, reasons, and communication techniques to ensure a smooth and respectful termination.

What Is Involved in a PAGA Lawsuit?

PAGA lawsuits allow employees to file claims for labor code violations on behalf of themselves and others in California. Employers can face significant penalties, prompting many to settle to avoid costly judgments.

What Are the Rules for 10-Minute Breaks?

California law mandates two paid 10-minute breaks and a 30-minute unpaid meal break for an eight-hour shift. Employers who fail to provide required breaks may face penalties, and employees can seek legal action for compensation.

Can I Work Six Hours Without a Lunch Break?

California law requires a 30-minute meal break for shifts over five hours, but employees can waive it if working exactly six hours. Employers must comply with strict labor laws, ensuring uninterrupted meal breaks and legal protections for workers.

What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days' wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner's Office for unpaid wages.

What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.

When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor's note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.

What Does California Law Say About Final Paycheck Rules?

California law mandates that final paychecks be provided promptly, with termination pay due immediately and resignation pay within 72 hours. Employers must include all owed wages, expenses, and accrued benefits, with penalties for late or incomplete payments.

Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor's note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.

How Much Can You Sue an Employer for Misclassification?

An employer's misclassification tactics can deny you fair wages, benefits, and legal protections. You may be entitled to compensation, including back pay, retirement contributions, and potential punitive damages, by pursuing legal action.

How Serious Is an EEOC Complaint?

An EEOC complaint can lead to costly legal battles, reputational damage, and mandatory policy changes for businesses. Employers may face financial penalties, investigations, and compliance requirements, impacting operations and workforce morale.

Do You Have Sample Letters for Termination of a Contract?

A contract termination letter formally ends a business agreement while protecting interests. This guide outlines key steps, considerations, and sample letters.

What Is a WARN Notice in California?

The California WARN Act requires businesses with 75 or more employees to provide 60 days' notice before mass layoffs, plant closures, or relocations. Noncompliance can lead to fines, back pay, and healthcare costs, making adherence essential for legal and financial stability.

What Is FICA and How Does It Impact Payroll Taxes?

FICA is a payroll tax that funds Social Security and Medicare, requiring contributions from both employers and employees. Employers must withhold, match, and submit FICA taxes while following IRS guidelines on deposit schedules, wage bases, and additional Medicare tax requirements.

What Is At-Will Employment and How Does It Impact Employee Rights?

At-will employment allows employers and employees to end their working relationship at any time without cause, impacting job security and flexibility. While it provides businesses with staffing flexibility, employees face fewer legal protections and potential job instability.

Employers Should Exercise Caution When Terminating Employees After Disability Leave

Employers should exercise great caution when considering whether to terminate an employee who is on leave. Employers are cautioned not to automatically terminate employment solely because an employee has used or exhausted their disability leave entitlement.

What Is FUTA? 2025 Rates and How to Calculate FUTA Tax

The Federal Unemployment Tax Act (FUTA) imposes a payroll tax on businesses that have employees, collecting revenue that funds unemployment benefits.

What Is the Difference Between a 1099 Contractor and an Employee?

A 1099 contractor operates independently, covering their own taxes and expenses, while a W-2 employee receives benefits and employer tax contributions. Misclassifying workers can result in fines, making it essential to assess control, financial arrangement, and job nature before classification.

How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines

Contractors receive payments through direct deposits, checks, payroll services, or online transfers, following legal and tax regulations. Proper classification, documented agreements, and compliance with IRS reporting ensure smooth transactions and avoid penalties.

What Is the Definition of a Non-Exempt Employee?

Non-exempt employees are entitled to overtime pay and must earn at least the federal minimum wage under FLSA regulations. Unlike exempt workers, they are typically paid hourly and receive 1.5 times their wage for extra hours.

Can Union Representatives Be Present at Disciplinary Meetings?

Employees have the right to request a union representative during investigative interviews that may lead to disciplinary action. Employers must comply or face potential labor law violations under the National Labor Relations Act.

What Is an FTE (Full-Time Equivalent)?

A full-time equivalent (FTE) measures employee work hours, combining part-time and full-time schedules into a standardized metric. Businesses use FTE calculations for staffing, budgeting, and compliance with regulations like the Affordable Care Act.

What Are the Signs of Unfair Treatment at Work?

Unfair treatment at work includes discrimination, pay gaps, and biased promotions, impacting employees' well-being and career growth. Recognizing signs like harassment, favoritism, and wrongful termination helps employees take action against workplace discrimination.

What Is a Statutory Employee on a W-2 Form?

A statutory employee is a self-employed worker classified as an employee for tax withholding purposes, receiving a W-2 instead of a 1099-MISC. These workers can deduct business expenses on Schedule C but typically do not receive traditional employee benefits like health insurance or retirement plans.