This employee in California is usually called a per diem or day-to-day worker whose pay is shift by shift rather than a regular or hourly salary. Such schemes are popular where the need level varies, with some industries being healthcare, education, and hospitality. Their work shall usually be scheduled on demand to cover shortfalls that may arise when regular workers cannot. This very flexible arrangement fits well with people who need more control over their schedules. However, this has disadvantages, such as no fixed income, benefits, and job security.
In California, per diem employees are still covered by state labor laws. They have the same general rights as regular employees, such as minimum wage, overtime pay, and workers’ compensation. Those considering this employment should know what it means to be a per diem employee and how it stands legally. This article will highlight the essential characteristics, pros, cons, and legality of per diem in California.
What Does a Per Diem Employee Do?
A per diem employee works as needed, which means he is paid only for his work days. Such employment is quite common in those industries that require temporary or intermittent staffing. For example, a per diem nurse in the health sector will take up the regular nursing staff’s shifts when unavailable. Education uses a per diem teacher to cover the change in a teacher when the teacher is away. Per diem, workers have no specific schedule, meaning their availability changes with the employer’s needs.
This can have the advantage of flexibility since people who work on a per diem basis do not enjoy set hours. They do not know when they will go to work and sometimes get blank shifts for long periods. On the other hand, they are compensated more highly than regular employees per day and balance out that insecurity with the benefits.
Flexibility of Per Diem Employment
Probably one of the most attractive features of per diem employment is flexibility. Per diem, workers can determine when they work. They may accept or decline shifts as they wish. Therefore, this job suits those with other engagements like family or school.
This may mainly attract those who want part-time employment or multiple jobs. For example, a per diem nurse may do it to obtain more education or training in another profession. In exchange, this leaves a client without a guaranteed daily position in the per diem and, therefore, uncertain income. Sometimes, one may face many hours of work while, in other weeks, one faces none at all.
Legal Rights of Per Diem Employees in California
In a way, the very nature of per diem work calls for flexibility. Still, there is no way that the State of California will let it compromise those rights and protections to a per diem worker compared to other types of employment.
Read also: What Is the Three-Second Rule in Driving in California?
1. Minimum Wage and Overtime Pay
Per diem, workers are paid at least the minimum wage applicable in California. Starting in 2024, the minimum hourly rate in California will be $15.50 for employers with more than 26 employees. If the worker works more than 8 hours in a day or 40 hours in a week, then such a worker is paid overtime, which amounts to 1.5 times the regular hourly pay of the worker.
2. Food and Rest Break
Per diem, employees also have the right to meal and rest breaks. When they work more than 5 hours a day, they are entitled to a 30-minute meal break. For every 4 hours worked, per diem employees are entitled to a 10-minute rest break. These breaks ensure workers have time to recharge, helping maintain productivity and prevent burnout.
3. Workers’ Compensation
Workers’ compensation laws in California cover per diem employees. When injured on the job, they are entitled to medical care and compensation for lost wages. This benefit is the same as that provided to full-time employees; hence, per diem workers are protected in case of injury or accident.
4. Advantages
Unlike full-time employees, per diem workers often do not have benefits. Some of these benefits include paid time off and contributions toward their retirement. In some cases, the Affordable Care Act permits some per diem workers to receive health insurance if their hours are so many that they would qualify as full-time employees according to that statute. Again, the amount of benefits a per diem worker enjoys varies from employer to employer and is determined by hours worked.
Advantages of per diem employment:
Several benefits characterize per diem employment that many workers find attractive. Among them are higher pay rates, flexibility, and a shift away from conventional work experiences.
1. Higher Pay Rates
Per diem, workers get paid much better daily than the average full-time employee since they receive benefits not offered to an average employee. Their better compensation for the work compensates them for job security and benefits. For those individuals who do not have an issue with the inconsistency of per diem workers, it can be paid significantly better than what may come their way in a more common part-time or even full-time job.
2. Flexibility
Per diem, employees are allowed to have some control over their schedules. They can choose to accept or decline a shift based on their availability. This flexibility is helpful to those who want to work around other obligations, such as taking care of family members, attending school, or pursuing other personal interests. In this way, per diem workers have the kind of independence that is not always possible in traditional jobs.
3. Diverse Work Experience
Another benefit of working on a per diem employment basis is that a person can work in a different setting. A per diem nurse can work at several hospitals or clinics and thus acquire experience in various situations. This may help the employees build new skills, broaden their professional networks, and gain valuable experience in varied environments.
Challenges in per diem employment:
Per diem work is not without challenges. While flexible and often more lucrative than regular work, it should be considered against some of these challenges before one decides that per diem employment is the best for him.
1. Unpredictable Income
Pay can sometimes be inconsistent as these individuals are paid strictly by the days worked. This will sometimes be a week where they work incredibly long hours and get good pay and other weeks where there just isn’t much, if anything, to do. These workers cannot have a lifestyle like a full-time employee – a steady paycheck and guaranteed weekly hours.
2. No benefits
Generally, per diem workers do not receive benefits that include health insurance, paid sick leave, or retirement contributions. This may be one of the most significant disadvantages of being a per diem worker, especially when one requires health insurance or paid time off. However, some per diem employees may benefit from the Affordable Care Act if they spend enough hours at work, but that is not always the case.
3. Career Planning Stratification
Per diem, employees usually do not have much of an opportunity to advance in their careers. They are not typical full-time employees, and because of this, they very rarely get to know other managers or employees. This causes them to have less potential to advance in a company or organization.
How Does Per Diem Employment Differ from Full-Time Employment?
Many differences exist between per diem and full-time employment. Full-time employees generally have a regular schedule, and steady paychecks can anticipate their benefits, including health insurance and paid time off. However, per diem employees work as needed without guaranteed hours or job security. Even though pay can be higher, per diem employees don’t have the benefits and have no job security.
Are per diem employees independent contractors?
The classifications of per diem employees can be independent contractors or employees. Independent contractors are not entitled to the same rights as those given to employees, which include overtime pay, workers’ compensation, and minimum wage protections. Therefore, employers need to ensure that they have correctly classified per diem workers under California labor laws to avoid legal issues and penalties brought by misclassifying employees as independent contractors.
Conclusion: Per Diem Jobs in California—Is It Right for You?
The fact that this is a per diem job for California brings greater flexibility, increased pay rates, and the likelihood of exposure to more diverse kinds of work. This means a lack of predictability about pay. No fringe benefits are given, and there is the least possibility of job progress. Some rights that come with such workers under the state laws include at least minimum wages, overtime compensation, breaks during meals, and workman’s compensation. However, they do not have all the privileges full-time employees get regarding job security.
If you’re flexible and do not mind an unpredictable income, then per diem work is for you. If you’re not, then weigh the pros against the cons. Knowing your rights as a California per diem employee will make you feel you’re being treated fairly and getting compensation for your work.