By Evan Lange
Seasonal and temporary employees in Texas have the same core wage and anti-discrimination rights as permanent employees: at least the federal minimum wage of $7.25 an hour, overtime for non-exempt hours over 40 in a workweek, payment of final wages on time under the Texas Payday Law, and protection from discrimination, harassment and retaliation. If you’re placed by a staffing agency, both the agency and the client company can share responsibility for wages and safety. Temp workers have special unemployment rules in Texas: you’re not considered unemployed until three business days after an assignment ends, and if the agency told you in advance, you must contact it for a new assignment or you may be treated as having quit.
Every fall, Houston-area retailers, warehouses, delivery services and event venues hire thousands of seasonal and temp workers for the holiday rush. Short-term doesn’t mean fewer rights. Here’s what seasonal and agency workers are entitled to, and what to watch out for when the season ends.
Federal and Texas anti-discrimination laws protect temp and seasonal workers. It’s illegal to end an assignment, refuse to hire or harass you because of race, sex, pregnancy, religion, age, disability or national origin, or because you complained. Agencies can’t honor a client’s discriminatory request, such as “send us younger workers.”
Learn more about harassment at work.
Yes. Non-exempt seasonal and temporary employees must be paid time-and-a-half for hours worked over 40 in a workweek, the same as permanent employees.
Texas follows the federal minimum wage of $7.25 an hour, which applies to seasonal and temporary employees as well.
The agency is usually your employer for payroll, but the client company that directs your work can also share legal responsibility for wages and working conditions.
Yes, if eligible. A temp worker is not considered unemployed until three business days after an assignment ends, and must contact the agency for reassignment if advised to, or may be treated as having quit.
Yes. Anti-discrimination and anti-retaliation laws protect temporary and seasonal workers, and agencies cannot follow a client’s discriminatory requests.
The Lange Firm represents employees in Houston and across Texas, including seasonal and agency workers. Attorney Evan Lange can review unpaid wages, discrimination or retaliation claims against the agency and the client company.
The job is seasonal.
Your rights are year-round.
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