Subcontractors and Labor Brokers: Who Is Really Your Employer?

Many California workers are employed through staffing agencies, labor brokers, or subcontracting arrangements. When wages go unpaid, knowing who the real employer is determines who can be held liable.

The Joint Employer Doctrine

California applies a broad joint employer standard. A company that controls the terms and conditions of a worker’s day-to-day labor — even through an intermediary — can be held jointly liable for wage violations. The key factors are control over wages, hours, and working conditions.

The company that tells you what to do every day is probably your employer. Workers placed by a staffing agency who work under the direct supervision of the client company, follow the client’s policies, and use the client’s equipment are likely joint employees of both. When the staffing agency fails to pay, the client company may be on the hook.

The California Wage Theft Recovery System gives workers the exact tools and templates to document violations, calculate what they’re owed, and file the right claims at the right agencies — without paying an attorney to get started. Request your free evaluation here.