Long-Term Temp Has Gripe About Benefits

Q: I have been working full time at the same company for 1 1/2 years through a temporary agency. I receive no benefits: vacation, sick leave or holidays.

The company intends to maintain my “temporary status” indefinitely, instead of making me a permanent employee with benefits. Is there a law stating that after a certain period of time, the company must hire the employee on a permanent basis?

--E.W., Laguna Hills

A: Companies often use employees from a third-party employee-leasing agency to avoid paying benefits and being subject to claims of wrongful termination.

In general, employees of an employee-leasing company who work for another company do not have a right to benefits or permanent employment with that company, even after a period of time has elapsed. But there are exceptions.

The real issue is the status of your relationship with the employee-leasing agency and the company where you work. You may have rights to both benefits and a permanent position if the company acts more like your employer than does the employee-leasing agency, making promises to you regarding the current and future status of your work.

Thus, it is critical to evaluate several aspects of your employment. Does your temporary agency give you a paycheck and nothing else? Is your paycheck routed through the company where you work as well? Who controls your hours, your job evaluation and your workplace location?

If the company where you work handles most of these responsibilities, rather than the temporary agency, you might have a legal claim regarding permanent employment.

Since the concept of leased employees is still in the development stage, you might want to see an attorney to evaluate the specific facts of your case.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Employer No Longer Has to Pay Double Time

Q: I work for a large packaging company. During a particularly busy week, a colleague worked 69 hours, including 10 hours at time-and-a-half and 19 double-time hours.

But he was 17 minutes late one day that week, so all his double-time hours were reduced to time-and-a-half. The policy is described in the employee handbook, which says employees are expected to be at work on time, and failure to do so “cancels extended workweek overtime.”

Is this legal under California law?

--U.C., La Canada

A: Assuming this occurred after Jan. 1, it is legal to do what your employer did.

The overtime laws that cover most employees in California no longer require the payment of double time for work in excess of 12 hours daily, or otherwise.

The overtime laws only require payment of premium pay of 1 1/2 times an employee’s regular pay for any hours worked in excess of 40 in a workweek.

Your employer is being more generous than it has to be by paying double time for extended workweeks. The company is therefore entitled to place whatever conditions it wants on its willingness to do so.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker

Company Slow Paying Credit Card Expenses

Q: I’m a sales manager for a biotech manufacturer based in Europe. Our sales administrative offices are in Massachusetts. Our business expenses are charged to my personal credit card, and I’m reimbursed through the office in Massachusetts.

Lately, the reimbursements have been very slow. At the moment, the company owes me about $8,000, including $6,000 that has been due for a couple of months. When I inquire, I’m told the “check is in the mail.”

Do I have any legal recourse?

--R.D., Temecula

A: The California Labor Code generally requires your employer to compensate you for money you spend to carry out your job duties.

One solution may be to submit the interest expense from your credit card account on your next expense report, and explain why you believe the company should reimburse you. If you take this approach, you would want to make sure that you have submitted your expense reports on a timely basis after you have incurred the expenses. Otherwise, the company might claim that you were as responsible for the delay as it was.

Also, you should make sure that you were seeking reimbursement for the interest charges only for your business expenses. If you also use your credit card for personal expenses, you would have to prorate the interest.

You may want to request a corporate credit card. While most corporate cards require the employee to accept responsibility for payment, failure to pay on a timely basis usually does not affect your personal credit record.

--Josephine Staton Tucker

Employment law attorney

Morrison & Foerster

Manager From Mexico Alienates Office Staff

Q: I work for a company based in Mexico that has an office in San Diego with about 20 employees. The firm recently brought in a manager from Mexico with no knowledge of U.S. employment practices or law.

This manager is alienating just about everyone because of his poor communication skills, autocratic management style and lack of strategy. He is driving several key people to quit, and it looks as if he is literally driving this operation into the ground.

Is there anything we can do?

--A.P., San Diego

A: This is a difficult situation, but there are two possible courses of action.

First, you can try to appeal to someone higher up in the organization. Present the problem in a positive, constructive manner--emphasizing that you and your fellow employees are concerned about the office and the company. Suggest that the manager may need some assistance or training in adjusting to the U.S. office (emphasizing his lack of knowledge in employment practices/law may help).

Second, you and your co-workers could approach the manager candidly, expressing your concerns. You might offer to assist him in improving the overall functioning of the office.

Bear in mind that there may be some cultural differences accounting for some of his management style/practices.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or, e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.