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This is true and this discussion is about employers and employees. The
recruiter is the employer and the employee gets paid by the employer. The
client is a third-party, but the client's location is the worksite. The
"place of employment" does not need to be the employer's location. The
place of employment is the place where the work is performed. For example,
the place of employment for construction workers is the construction site
and not the developer's office.
The DLSE hearing judge last week made it very clear that my final pay was
due to me at the client's site where the work was performed (in California)
on my last day of work. It would be very unreasonable for that employer to
require me to fly to Texas to pick up my final check. Location of the
employer's address has no bearing on the location of where the work is
performed. Location where the work is performed determines the jurisdiction
that establishes employee rights and I don't see how paychecks should
receive a different set of laws.
My Texas employer wrote a contract that stated that laws of Texas apply.
Work was performed in California. As an employer with employees performing
work in California, the Texas corporation was bound to California law and
contract provisions that contradicted California labor law had no standing.
So all of my rights as an employee emanated from where I the work was
performed at the client's site and not at the employer's site. The
employer's location does not determine the employee's rights, the location
of the work by the employee determines the employee's rights. So I think
that rights that relate to paychecks would also follow this convention.
Lauren
-----Original Message-----
From: techwr-l-bounces+lt34=csus -dot- edu -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+lt34=csus -dot- edu -at- lists -dot- techwr-l -dot- com] On Behalf Of Gene
Kim-Eng
Sent: Wednesday, January 31, 2007 1:22 PM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: Re: Techie's List
All the laws you cite apply to employers and employees.
In the case of a temp worker employed by an agency and assigned to work at
the site of the agency's client, services to the client are being provided
by the agency, not the temp worker, and the temp worker's services are
provided to the agency, not the client. You are not an employee of the
client company, your employer is the agency, your place of work is the
agency and the client company is just someplace they dispatched you to do
work on their behalf.
None of the employer/worker notices posted at the client company apply to
you in any way; your notices are posted at the agency's office.
> Not in California as I understand it. The "place of employment" is
> the place where services are rendered. One of my recruiters was in
> Texas with the only local office in San Jose. I worked in Sacramento,
> so there is no way that I could pick up my paychecks. My last check
> was due to me on the last day of work at the work site. Now maybe the
> definition changes based on the legal issue discussed. For health and
> safety, the law that I found defines the place of employment as the
> work site. If I interpreted this correctly. For employee pay,
> however, I am having difficulty finding an accurate definition, but
> what I do find, still seems consistent with place of employment being
> where services are rendered. Place of payment seems to have some options.
>
> Here are two sections of the Labor Code
> (http://www.leginfo.ca.gov/calaw.html) that may apply in some fashion,
> but are not perfect for this discussion:
>
> 207. Every employer shall keep posted conspicuously at the place of
> work, if practicable, or otherwise where it can be seen as employees
> come or go to their places of work, or at the office or nearest agency
> for payment kept by the employer, a notice specifying the regular pay
> days and the time and place of payment, in accordance with this
> article.
>
> 208. Every employee who is discharged shall be paid at the place of
> discharge, and every employee who quits shall be paid at the office or
> agency of the employer in the county where the employee has been
> performing labor. All payments shall be made in the manner provided
> by law.
>
> I think that if work is performed in one location that it is
> unreasonable and probably illegal to require that the employee go to
> another location to get paid. I just can't find the law for either
> side of the argument, but law that relates to place of employment
> generally points to the location where the work is performed.
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