Unpaid Wages, Discrimination
Learn your temp agency worker rights and steps to recover unpaid wages, stop discrimination, and challenge staffing agency misclassification. This guide shows how to document seasonal worker unpaid wages, use joint employer liability staffing to hold both employers accountable, and when to sue staffing agency for wages. Act fast with templates, checklists, and filing tips.
Estimated reading time: 18 minutes
Key Takeaways
Temp agency worker rights include on-time pay, minimum wage and overtime where applicable, safe conditions, freedom from discrimination and retaliation, and correct employee classification.
If you face seasonal worker unpaid wages, misclassification, or temporary employee discrimination, document everything, notify both the agency and client, and escalate to a labor board or court if needed.
Staffing agency misclassification can deny overtime, benefits, and unemployment insurance; state tests like California’s ABC test make it easier to prove employee status.
Joint employer liability staffing allows you to hold both the staffing agency and the client company responsible when both control your work.
To sue staffing agency for wages, prepare a detailed ledger, attach records (pay stubs, timecards, communications), and consider small claims, administrative claims, or a civil lawsuit depending on your goal and amount owed.
Table of Contents
Introduction
Quick TL;DR
What Temp, Seasonal, and Agency Workers Are
Overview: Core Rights Every Temp/Seasonal/Agency Worker Should Know
Staffing Agency Misclassification: Definition, Tests, and Consequences
Red Flags of Misclassification
What to Do If You Suspect Misclassification
Unpaid Wages for Seasonal and Temporary Workers: Common Scenarios and Remedies
Common Unpaid Wage Scenarios
How to Recover Unpaid Wages
Worker Story: Recovering Pay Using Joint-Employer Evidence
Temporary Employee Discrimination: What Qualifies, Documentation, and Filing
How to Document Discrimination
Filing Process and Remedies
Joint Employer Liability in Staffing: What It Is and How It Helps Workers
Evidence for Joint-Employer Claims
Using Joint Liability Strategically
Evidence Checklist: What to Keep and Why
Step-by-Step Action Plan for Workers
How to Sue a Staffing Agency for Wages: Practical Guide
Evidence and Preparation
Settlement Considerations
Templates and Scripts
Template: Payroll Inquiry Email
Template: Formal Demand Letter for Unpaid Wages
Template: Complaint Checklist and Sample Allegation
When to Get a Lawyer, What to Expect, and Costs
Fee Structures
Reasons to Hire an Attorney
What an Attorney Will Do
How to Find an Attorney
Conclusion
FAQ
Introduction
Temp agency worker rights matter because temporary and seasonal workers frequently face unpaid wages, misclassification, and discrimination — and they need clear steps to protect themselves. This practical guide explains pay rules, seasonal worker unpaid wages, temporary employee discrimination, and joint-employer liability so you can act quickly and confidently.
You’ll learn what each term means, see real examples, follow checklists, and use ready-to-copy templates to request records, demand payment, and file complaints. We also cover where to file and when to sue, including how to sue staffing agency for wages with a strong evidence package. Our tone is plain, direct, and empathetic — written for workers with limited legal background who need answers now.
Quick TL;DR
Know your temp agency worker rights: on-time pay, minimum wage and overtime (if eligible), safety, anti-discrimination, and correct classification as an employee.
If unpaid or mistreated: save pay stubs, timecards, texts, and assignment emails; ask for corrections in writing to both agency and client.
Escalate fast: file with your state labor board or civil rights agency; you can also sue staffing agency for wages when administrative steps don’t resolve it.
Key evidence: payroll records, schedules, off-the-clock instructions, supervisor messages, and proof the client controlled your work (for joint-employer liability).
What Temp, Seasonal, and Agency Workers Are
Temp worker: a worker hired through a staffing agency for finite assignments and typically paid by the agency via its payroll.
Seasonal worker: a worker hired for predictable seasonal peaks (e.g., holiday retail, harvest) and sometimes through an agency, with assignments tied to specific busy periods.
Agency (staffing firm) role: the staffing firm recruits and hires, runs payroll, and assigns workers to client companies. Responsibilities can vary based on the agency–client contract, but the agency often handles pay, basic HR, and placement.
Why these definitions matter: your classification affects who must pay you, who may be liable for violations, and which legal claims you can bring. A long-term assignment at a client site does not erase your rights or make you a contractor by default.
Example scenarios:
A warehouse holiday temp is placed by Agency A at Client B to pick/pack for eight weeks and is paid through Agency A’s payroll.
An agricultural worker is hired directly by a farm during harvest, while another performs the same tasks through a crew leader (an agency-like intermediary).
A “long-term temp” works at the same client site for months, reporting to client supervisors, but still receives paychecks from the staffing agency.
Overview: Core Rights Every Temp/Seasonal/Agency Worker Should Know
Pay rights: Most temp and seasonal workers have a right to timely payment, at least minimum wage, and overtime for hours over the legal threshold unless an exemption applies. State resources such as the California Labor Commissioner’s worker guide confirm these core protections and explain how to report violations and file wage claims, including safety complaints and retaliation protections in clear language in the California worker rights brochure.
Freedom from discrimination and retaliation: You cannot be treated worse because of a protected characteristic or punished for reporting problems. New state laws and summaries in employment law updates explain expanding protections and enforcement trends; for example, 2025 updates tracked by Davis Wright Tremaine and VedderPrice highlight evolving rights and remedies for workers.
Correct classification: You should be classified properly as an employee or contractor. Misclassification can strip you of wage and hour protections, tax withholding, unemployment insurance, and other benefits. State guidance like the DIR worker rights brochure and new-law briefings by VedderPrice and DWT explain classification rules and penalties.
Safe conditions and safety complaints: You have a right to a safe workplace, to refuse dangerous tasks in certain circumstances, and to report hazards. State labor agencies provide complaint processes and anti-retaliation protections in publications like the DIR worker rights brochure.
Why this matters: Not knowing your rights can lead to lost wages, missing out on unemployment, and limited legal options later. Acting quickly preserves evidence, deadlines, and leverage.
For more depth on how anti-discrimination laws apply, see our plain-English explainer on workplace discrimination laws and a practical guide to filing a complaint with the EEOC.
Staffing Agency Misclassification: Definition, Tests, and Consequences
Definition: Misclassification occurs when a worker who is economically dependent on and controlled by an employer is labeled a contractor and denied employee protections. This distinction affects minimum wage, overtime, payroll taxes, benefits, and unemployment coverage.
Many states apply a strong presumption of employee status. As an example, California uses the ABC test: a worker is presumed an employee unless the hiring entity proves all three parts — (A) you’re free from control/direction in your work; (B) you perform work outside the usual course of the hiring entity’s business; and (C) you’re customarily engaged in an independently established trade or business. Employment-law updates from DWT and VedderPrice describe this ABC framework and other 2025 changes as state-specific examples.
Consequences of misclassification:
Lost overtime and minimum wage payments (and sometimes penalties or double damages in certain jurisdictions).
Lack of employer-provided benefits and no unemployment insurance coverage.
Harder to bring wage claims against the true employer unless joint-employer rules apply; using joint-employer liability can help you collect from both the staffing agency and the client.
For workers who suspect their role is mislabeled, our in-depth walkthrough on misclassified as independent contractor claims explains how to reclassify and recover back pay.
Red Flags of Misclassification
No pay stubs or W-2; you receive a 1099 instead, even though you follow agency or client rules and schedules.
The agency or client controls your schedule, assignments, and training — and evaluates your performance like an employee.
You wear client uniforms and follow client policies, use client equipment, and report to client supervisors.
You’re paid per assignment with no payroll taxes withheld and no overtime despite long shifts.
What to Do If You Suspect Misclassification
Preserve records: save pay statements, timecards, job orders, schedules, and communications with both the agency and client.
Ask in writing: email the agency to confirm whether you’re an employee or contractor and request your written contract or assignment terms.
Escalate to your state labor department: if the agency won’t correct classification, file a complaint; worker guides like the DIR brochure explain complaint processes and retaliation protections. State-law summaries by VedderPrice and DWT outline new enforcement tools and penalties.
Unpaid Wages for Seasonal and Temporary Workers: Common Scenarios and Remedies
Definition: “Seasonal worker unpaid wages” includes wages that are unpaid, late, or underpaid for work you completed — including missed overtime, illegal deductions, promised bonuses not paid, and unreimbursed expenses tied to your assignment.
New state laws strengthen contract and payment rights, including written-contract requirements for certain freelance or gig arrangements and enhanced recovery (sometimes up to double the unpaid amount) as covered by DWT’s 2025 update and VedderPrice’s summary. Review your state’s rules for deadlines and remedies and use your labor department’s forms, such as those linked in the DIR worker rights brochure.
Common Unpaid Wage Scenarios
Payroll delays or hour miscalculations by the agency: for example, you submit 46 hours and receive pay for only 40.
Off-the-clock work at the client site: you are told to set up before your shift without pay, a classic wage theft scenario discussed in our guide on off-the-clock work and wage theft.
Labeling you as a contractor to avoid overtime: the agency claims you’re 1099, but the client controls your schedule and work.
Unreimbursed required expenses or missing bonuses: you buy safety shoes or drive between client sites without reimbursement, or a promised seasonal bonus never arrives.
How to Recover Unpaid Wages
Collect evidence: timecards, schedules, pay stubs, assignment emails, texts, policies, and witness names. See the detailed checklist below.
Send a written demand: ask the agency (and client) to correct your pay and provide wage statements. Give a clear deadline.
File an administrative complaint if no fix: use your state labor department’s process. For example, California’s process and priorities are summarized in the DIR worker rights brochure. Our step-by-step guide to filing a wage claim walks through forms and timelines.
Consider court: for small amounts, small claims can be fast; for higher amounts or added penalties, a civil suit may be better. 2025 legal updates from DWT and VedderPrice describe enhanced statutory remedies, including double recovery in some contexts.
Timelines vary by state. Check your state’s labor board or consult counsel quickly to avoid missing statutes of limitations. For guidance on overtime rules and calculations, see our overview of unpaid overtime laws.
Worker Story: Recovering Pay Using Joint-Employer Evidence
Maria was a warehouse picker placed by a staffing agency at a large retailer during the holiday rush. She regularly worked 50–55 hours a week, but her pay stubs showed only 40 hours. Supervisors at the retailer set her schedule, required pre-shift setup, and messaged her directly about performance and overtime needs. When Maria complained to the agency, she was told to “ask the client,” and the client told her to “talk to the agency.” Nothing changed.
Maria started documenting everything. She saved timeclock screenshots, weekly schedules sent by the retailer, and texts from the client’s shift lead demanding early setup. She also kept the agency’s payroll emails and pay stubs that missed overtime. She sent a written demand to both the agency and the client attaching her ledger of unpaid overtime (hours, dates, rates) and gave 14 days to fix it. When the response was vague, she filed a state wage claim, naming both the agency and the client and providing proof that the client controlled scheduling, assignments, and discipline.
The labor agency investigator reviewed Maria’s records and asked for payroll data from both companies. With evidence that both entities exercised control, the investigator treated them as joint employers and sought recovery against both. Before the hearing, the agency and client offered a settlement covering unpaid overtime, interest, and penalties, with a commitment to accurate timekeeping and no-retaliation assurances. Maria’s careful documentation and use of joint-employer liability converted finger-pointing into a joint solution — and full back pay.
Temporary Employee Discrimination: What Qualifies, Documentation, and Filing
Definition: Temporary employee discrimination means unequal treatment based on protected characteristics (race, sex, religion, age, disability, national origin, and more) in hiring, assignments, pay, discipline, firing, or other terms and conditions of employment. Legal updates and explainers, such as the Saul LLP 2025 overview and the DIR worker rights brochure, confirm that temp and agency workers are protected under anti-discrimination laws.
Examples: giving less desirable shifts to workers of a particular race; paying lower wages to women or older workers for the same role; or denying breaks, training, or overtime because of a protected trait. For broader background on protected categories, see our guide to protected classes.
How to Document Discrimination
Record dates, times, names, and what was said or done. Save emails, texts, screenshots, postings, schedules, pay records, performance reviews, and policies.
Collect witness details (names, roles, contact info) and, if possible, brief written statements.
Keep copies offsite or in the cloud to prevent loss if your access is cut off.
Our deep dive on the discrimination claim process explains how to organize evidence and meet deadlines.
Filing Process and Remedies
Many claims require filing with a civil rights agency before going to court. You can file with the EEOC (federal) or your state civil-rights agency. Remedies may include back pay, reinstatement, compensatory and punitive damages, and attorneys’ fees. The Saul LLP update and DIR brochure underscore these avenues and protections.
To understand timing, forms, and the investigation process, see our resource on filing a complaint with the EEOC.
Joint Employer Liability in Staffing: What It Is and How It Helps Workers
Definition: Joint employer liability in staffing means both the staffing agency and the client company may be legally responsible for wage, hour, and discrimination violations when both exercise sufficient control over your work conditions. State guidance and legal updates, including VedderPrice and the DIR brochure, explain how shared control can lead to shared liability.
Why it matters: It expands the number of parties who can be held accountable and increases your chances of recovery for unpaid wages or discrimination. It also prevents client companies from hiding behind the agency when they control key aspects of your job.
Who hires/fires, supervises, and disciplines you.
Who sets your schedule, assignments, and pay rates.
Who provides tools, training, and controls the workplace.
Contract terms between agency and client — courts look beyond contract labels to actual control.
Evidence for Joint-Employer Claims
Client emails/texts about your schedule, performance, or discipline.
Client timekeeping and agency payroll records showing the client set shifts or required overtime.
Contracts or statements of work showing shared responsibilities or control.
Witness statements attributing employment decisions to client supervisors.
Using Joint Liability Strategically
Name both entities: when filing wage or discrimination claims, list both the agency and the client as responsible parties.
Send demand letters to both: include evidence of client control (schedules, instructions, discipline notes).
Cite authority: use summaries like VedderPrice’s 2025 overview and state resources such as the DIR worker rights brochure to frame your claim.
Evidence Checklist: What to Keep and Why
Pay stubs and wage statements: prove hours, rates, and any deductions.
Timecards, clock-in/out records, and schedules: show hours worked and who controlled your schedule; vital for seasonal worker unpaid wages.
Emails, texts, and job orders: demonstrate who assigned tasks, set rules, or required off-the-clock work.
Written contracts or offer letters: show classification, agreed pay, and responsibilities.
1099s, W-2s, payroll notices: show tax treatment and potential misclassification.
Witness names and short statements: corroborate hours, instructions, and discriminatory conduct.
Photos, screenshots, or short videos (if safe and lawful): capture unsafe conditions or discriminatory signage/messages.
Expense receipts and mileage logs: support reimbursement claims where required by law or policy.
Pro tip: keep both digital and physical copies; back up to a cloud drive and email key files to yourself to create timestamps. If you were forced to work without pay, see our practical guide to off-the-clock wage theft.
Step-by-Step Action Plan for Workers
Immediate: document everything using the Evidence Checklist. Send the agency a short written request for records and an explanation of pay or treatment. Sample line: “Please explain my pay for [date range] and provide copies of my pay stubs and time records.”
7–14 days with no resolution: send a formal demand letter to the agency and client. Attach your ledger and key records. Keep proof of delivery (email + certified mail).
No satisfactory response: file a wage complaint with your state labor agency (see the DIR worker rights brochure for a California example) — be ready to upload pay stubs, schedules, and communications.
Consider court: small claims for smaller sums (faster, simpler); civil suit for larger claims or to seek penalties or injunctive relief. See strategies in our guide to filing a wage claim.
For discrimination: file with the EEOC or your state civil-rights agency first where required. Learn the steps in our quick guide to filing with the EEOC.
When to seek counsel: complex misclassification, large back-wage exposure, retaliation, discrimination, class or collective action potential, or when an agency is nonresponsive. Many wage-and-hour lawyers handle cases on contingency.
Suggested timelines (varies by state): 7–14 days for an internal response; 30 days for a formal demand; file with a labor agency as soon as wages are at risk and the employer won’t fix them. Statutes of limitations are strict — act promptly.
How to Sue a Staffing Agency for Wages: Practical Guide
Small claims court: a good option for moderate amounts with straightforward proof. It’s faster, attorney-free in many places, but damages are capped and legal issues can be narrowed.
Civil lawsuit in state court: best for larger claims or when you’re seeking statutory penalties, liquidated/double damages, or injunctions. New state laws summarized by DWT and VedderPrice highlight enhanced protections and remedies that may increase recovery.
Administrative wage claim: low-cost filing with your labor department can secure unpaid wages and penalties. Many investigators coordinate with both agency and client, which helps if joint employer liability staffing applies.
Parallel claims: you can often pursue wage-and-hour claims while a discrimination charge is pending; coordinate timelines and evidence so one case doesn’t undercut the other. For a broader overview of rights and strategy, see workplace rights and discrimination claims.
Evidence and Preparation
Prepare a ledger: list dates, hours worked, regular and overtime rates, amounts paid, and amounts owed. Show your math clearly.
Attach proof: pay stubs, timecards, schedules, demand letters and responses, and witness statements.
Prove joint control: include client emails setting your schedule, client-issued discipline, or client-required overtime. Reference the joint-employer factors above.
Settlement Considerations
Know your bottom line: include unpaid wages, interest, penalties, attorneys’ fees where allowed, and non-monetary terms (accurate timekeeping, neutral references, non-retaliation).
Ask about fees: confirm whether attorney’s fees are included or separate; understand tax treatment for back pay.
To understand how statutes and new rules can affect damages, consult the 2025 employment-law updates by VedderPrice and DWT.
Templates and Scripts
Use and edit the following text. Send emails and letters to both the staffing agency and the client where appropriate. Keep proof of delivery (email plus certified mail/return receipt). File online with your state labor agency and save submission confirmations.
Template: Payroll Inquiry Email
Subject: Request for payroll records and explanation
Hello [Agency HR/Payroll],
Please explain my pay for [dates] and provide copies of my pay stubs and time records. I believe there are hours missing and potential overtime due. Thank you.
[Your Name], [Employee ID if any], [Assignment/Client]
Send via email and keep a PDF copy. If no response within 7–14 days, proceed to a formal demand letter and prepare to sue staffing agency for wages if unresolved.
Template: Formal Demand Letter for Unpaid Wages
[Your Name]
[Address]
[City, State, ZIP]
[Email] | [Phone]
[Date]
Via Email and Certified Mail
[Staffing Agency Name]
[Agency Address]
[City, State, ZIP]
cc: [Client Company Name], [Client Address]
Re: Demand for Unpaid Wages and Records (Temp Assignment at [Client])
Dear [Agency Contact],
I worked as a temporary employee assigned by [Agency] to [Client] from [start date] to [end date/current]. My agreed hourly rate was $[rate]. Based on my time records, I worked [X] total hours, including [Y] overtime hours, from [date range]. I was paid $[amount] but am owed $[amount] in unpaid regular/overtime wages and related penalties.
Attached are my timecards/schedules, pay stubs, and a ledger showing dates, hours, rates, and totals. I also enclose communications demonstrating that [Client] set my schedule and required overtime, supporting joint-employer responsibility.
Please: (1) pay the total due of $[amount] within 10–14 days of this letter; and (2) provide complete wage statements and time records for [date range]. If you do not resolve this by the deadline, I will file a wage claim with the state labor department and may sue staffing agency for wages in court, naming both [Agency] and [Client], including any available liquidated/double damages and attorneys’ fees.
Nothing in this letter waives my rights. I request non-retaliation and preservation of all relevant records.
Sincerely,
[Your Name]
Template: Complaint Checklist and Sample Allegation
Where to file: wage claims with your state labor department; discrimination with the EEOC or state civil-rights agency. File online where available; upload all supporting documents.
Attach: identification; assignment letter; pay stubs; timecards; schedules; texts/emails; demand letter and responses; witness list; expense receipts.
Sample allegation (wage claim): “I worked as a temporary worker assigned by [Agency] to [Client]. From [dates], I was paid $[rate] per hour but worked [Y] hours per week, with unpaid overtime totaling $[Z]. The client set my schedule and required pre-shift setup off the clock. I request back wages, penalties, and interest. Both [Agency] and [Client] controlled my work; I seek joint-employer liability.”
Sample allegation (discrimination): “I am a temporary employee placed by [Agency] at [Client]. Since [date], I experienced adverse treatment due to my [protected trait]. Examples include [specific assignments, pay disparities, discipline, or termination]. I request an investigation, back pay, and damages for temporary employee discrimination.”
For filing steps and deadlines, review the DIR worker rights brochure. If your dispute includes overtime or off-the-clock work, also consult our guides on unpaid overtime and off-the-clock wage theft.
When to Get a Lawyer, What to Expect, and Costs
When to ask for help: large unpaid wages, complex overtime calculations, joint employer disputes, staffing agency misclassification affecting many workers (class/collective action potential), or discrimination/retaliation with significant damages.
Fee Structures
Many wage cases are handled on contingency (a percentage of your recovery). Others may involve hourly or flat-fee consultations. Ask about costs, fee percentages, and whether fees are recoverable by law.
Reasons to Hire an Attorney
Evaluate misclassification and wage claims; identify all defendants (agency and client).
Draft persuasive demand letters and negotiate settlements backed by statutes and new-law penalties.
File administrative claims and lawsuits; manage discovery; prepare for hearing or trial.
What an Attorney Will Do
They gather facts, calculate damages, preserve evidence, and sequence filings (wage vs. discrimination) to maximize leverage. They also protect you from retaliation and help you decide whether to sue staffing agency for wages or resolve administratively.
How to Find an Attorney
Look for employment-law firms with wage-and-hour and discrimination experience, strong client reviews, and clear communication. Ask about contingency options and timelines. For background on damages and process, see our resources on unpaid wages lawyers and discrimination laws.
Conclusion
Know your temp agency worker rights: pay, safety, anti-discrimination, and correct classification.
Document everything: time, pay, assignments, and supervisory control, including client involvement for joint liability.
Escalate using the step-by-step plan: demand, file with the labor board, or sue staffing agency for wages when needed, and consider legal counsel.
To learn more about your rights and timelines, review the California DIR worker rights resource and the 2025 employment law update by DWT.
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FAQ
Can I be paid late if I’m a temp?
No. You have a right to timely payment under state law, including minimum wage and overtime if eligible. State resources like the DIR worker rights brochure explain how to file a complaint for seasonal worker unpaid wages.
Am I a contractor or an employee?
Look at who controls your work, who pays you, and whether state tests (like California’s ABC test) apply; staffing agency misclassification can be challenged using standards summarized by DWT and VedderPrice.
What if both the agency and the client blame each other?
You may be able to hold both liable under joint employer liability staffing if both exercised control over your work, as recognized in updates by VedderPrice and the DIR worker rights brochure.
Will filing a complaint get me fired?
Retaliation is illegal. Document any threats or adverse actions and report them promptly; if retaliation occurs, include it in your complaint or seek legal help to enforce temp agency worker rights.
Can I sue the staffing agency for wages?
Yes. You can sue staffing agency for wages in small claims or civil court, or file an administrative wage claim. Consider naming both agency and client if joint-employer facts support it, and use evidence listed in this guide.
