Working through a staffing agency does not mean you give up your workplace rights. Temporary workers are entitled to important protections, and understanding them helps you know what to expect and what to do if something goes wrong.
Important Disclaimer
This article provides general information only. Employment law varies significantly by state, jurisdiction, and specific circumstances. For advice specific to your situation, consult a qualified employment attorney or your state’s labour authority.
Minimum Wage and Overtime
As an employee of the staffing agency, you are covered by federal and state minimum wage laws. If your assignment involves working more than 40 hours in a week, you are generally entitled to overtime pay under the Fair Labor Standards Act (FLSA) unless you fall under a specific exemption. Your overtime rate, and who pays it, should be clear in your agreement with the agency.
Safe Working Conditions
Employers — including staffing agencies and the client companies where you work — are required to provide a safe workplace under the Occupational Safety and Health Act (OSHA). Staffing agencies and client companies share responsibility for temporary worker safety. If you are asked to perform tasks you believe are unsafe, or if you observe safety violations, you have the right to raise those concerns.
OSHA has specific guidance on temporary worker rights on its website at osha.gov.
Anti-Discrimination Protections
Temporary workers are protected from discrimination based on race, sex, age, disability, national origin, and other protected characteristics under federal employment law. These protections apply regardless of your employment arrangement.
Workers Compensation
If you are injured on the job while on a staffing agency assignment, you are generally covered by the agency’s workers compensation insurance. Report any workplace injury to both the client site supervisor and your staffing agency immediately.
What Your Agency Must Provide
Your staffing agency must provide you with accurate information about your pay rate, pay schedule, and any deductions before you begin work. They must provide a pay stub that clearly shows your hours, pay rate, and any deductions. They should provide contact information for reporting concerns, including payroll disputes.
If you have questions about whether your rights are being respected, your state’s department of labour is a good starting point, as is consulting with a local employment attorney.