Temporary Worker Rights in Pennsylvania: What You Are Entitled To

Under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., temporary workers are covered employees entitled to minimum wage and overtime protections. The FLSA requires employers and staffing agencies to pay at least the federal minimum wage ($7.25/hour) and overtime compensation at 1.5 times the regular rate for hours exceeding 40 per week. Both the staffing agency and the employer using the temp worker may be considered joint employers under the ABC test established in recent DOL guidance.

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits discrimination in employment based on race, color, religion, sex, or national origin. This protection applies to temporary workers if the employer has 15 or more employees. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., requires reasonable accommodations for qualified individuals with disabilities, including temporary employees working for covered employers. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., protects workers age 40 and older from age discrimination if the employer has 20 or more employees.

The Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq., guarantees safe working conditions for all employees, including temporary workers. Staffing agencies must ensure temp workers receive proper training, equipment, and hazard information. Temporary workers can file complaints with the EEOC for discrimination or with OSHA for safety violations. Remedies include back pay, damages, reinstatement, and civil penalties against employers and agencies.

Pennsylvania's employment protections apply equally to temporary workers as permanent employees under the Pennsylvania Minimum Wage Act, 43 Pa.C.S. § 333.101 et seq. Pennsylvania's minimum wage is $7.25 per hour (matching federal minimum), and overtime is required at 1.5 times the regular rate for all hours over 40 per week. These protections apply regardless of whether the worker is classified as temporary, part-time, or contingent.

Under the Pennsylvania Human Relations Act, 43 Pa.C.S. § 951 et seq., temporary workers are protected from discrimination based on race, color, religion, sex, national origin, disability, age (40+), familial status, and sexual orientation. Pennsylvania's law covers employers with as few as four or more employees—a lower threshold than federal Title VII (15 employees). This means temporary workers in smaller organizations have state-level discrimination protections unavailable federally. Temporary workers in Pennsylvania also benefit from broader protected class coverage, including sexual orientation and gender identity, which are not explicitly protected under federal Title VII.

Both the staffing agency and the employer using temporary workers may be jointly and severally liable for wage and hour violations under Pennsylvania law. The Pennsylvania Workers' Compensation Act, 77 Pa.C.S. § 401 et seq., covers all employees including temporary workers, regardless of duration of employment. An injury sustained during work entitles the temp worker to medical benefits and wage replacement without regard to at-fault status. Pennsylvania Occupational Safety and Health (POSH), 34 Pa.C.S. § 4501 et seq., parallels federal OSHA but applies to public sector employers as well, extending safety protections more broadly. Temporary workers may file wage claims with the Pennsylvania Department of Labor and Industry for unpaid wages, and the state has an Unemployment Compensation law that may cover temporary workers between assignments depending on the circumstances of separation.

Pennsylvania law provides fewer exceptions for temporary workers than some might assume. The primary exception is that certain union-represented temporary workers may have different protections negotiated through collective bargaining agreements, though the baseline statutory protections remain applicable unless expressly modified. Independent contractors are excluded from Pennsylvania employment protections; however, misclassification as an independent contractor when the worker is actually an employee is common with temp workers and remains illegal.

Under Pennsylvania law, there is no blanket exemption allowing reduced protections for temporary or short-term workers. The at-will employment doctrine applies to temporary workers—employers can generally terminate them without cause—but cannot terminate based on a discriminatory or retaliatory basis. An exception exists for workers hired for a specific fixed term stated in writing; however, even these workers cannot be terminated in violation of wage and hour laws or discrimination statutes.

Small employers (fewer than four employees) are not covered by the Pennsylvania Human Relations Act's discrimination protections, though federal protections may still apply if the employer meets federal thresholds. Certain industries such as railroads subject to federal Railway Labor Act jurisdiction may have different rules. Domestic workers and agricultural workers have historically received limited protections under some state laws, though this distinction has been narrowing. Workers classified as interns or apprentices in legitimate educational or training programs may have different minimum wage requirements, but this exception is narrow and difficult to satisfy. Temporary workers who are family members may still be covered, though family business exemptions exist for certain tax purposes. Importantly, no exception exists allowing employers to pay temporary workers less than minimum wage or to refuse overtime pay based on their temporary status.

Step 1 — Document Everything. Keep detailed records of all hours worked, including dates, times, and tasks completed. Save every pay stub or wage statement received. If wages are missing or incorrect, photograph or screenshot pay records showing the discrepancy. Document any discriminatory comments, harassment, or unsafe working conditions in writing as soon as they occur, noting dates, times, locations, and witnesses. Preserve emails, text messages, and any written communications from managers or coworkers that relate to discrimination, harassment, or wage violations. Retain your job assignment documentation from the temp agency, including the job description, pay rate quoted, and any agency materials discussing your terms.

Step 2 — File an Internal Complaint. Contact your direct supervisor or the staffing agency's human resources or management to report the violation in writing. Send a formal written complaint via email or certified mail to both the temp agency and the employer where you work, clearly stating the violation (wage underpayment, discrimination, safety hazard, etc.), dates affected, and the dollar amount owed if applicable. Keep a copy of this complaint for your records. Request a written response within 10 business days. This step creates a paper trail and may resolve the issue; many employers will remedy violations once formally notified to avoid regulatory action. However, do not wait indefinitely—if you receive no response or the violation continues within 30 days, proceed to the agency complaint.

Step 3 — File with the Appropriate Agency. For wage and hour violations (minimum wage, overtime, unpaid wages), file a wage claim with the Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance, Room 1700, 651 Boas Street, Harrisburg, PA 17121. You can also file online at www.dol.pa.gov or call 717-787-3756. Provide your name, address, phone, the employer's name and address, the dates of work, hours worked, wages owed, and explanation of the violation. For discrimination (race, color, religion, sex, national origin, disability, age, sexual orientation, gender identity, familial status), file with the Pennsylvania Human Relations Commission (PHRC) at 301 5th Avenue, Suite 400, Pittsburgh, PA 15222-2409. File online at www.phrc.pa.gov or call 717-787-9780. You have 180 days from the violation to file with PHRC. Provide detailed facts, names of discriminatory individuals, dates, witnesses, and how the discrimination affected you (termination, reduced hours, harassment, etc.). For workplace safety violations, contact the Pennsylvania Occupational Safety and Health Administration (POSH) at 1-800-36-OSHA or file at www.dol.pa.gov/POSH. Provide your name, the hazard description, location, affected employees, and your contact information.

Step 4 — Understand the Investigation Process. The Pennsylvania Department of Labor and Industry will acknowledge receipt of your wage claim and typically investigates within 30-60 days. An investigator will contact you, the staffing agency, and the employer to gather facts, review pay records, and confirm hours worked. You may be asked to provide documentation of hours and communications. The investigation is usually completed within 90 days, after which the department issues a determination letter. If a violation is found, the employer is ordered to pay back wages plus interest (currently 3% per annum). You can appeal an adverse determination within 15 days. The PHRC investigation follows a similar timeline: you receive notice that a charge has been filed, the respondent employer and agency are notified, and both parties may submit evidence. An PHRC investigator will interview you and the respondent. Investigations typically take 3-6 months. If the PHRC finds probable cause of discrimination, you may proceed to a hearing before an administrative law judge. POSH investigations for safety hazards typically occur within 24-48 hours if the hazard poses imminent danger; otherwise, within 1-2 weeks.

Step 5 — When to Consult an Attorney. Contact an employment law attorney before filing if the violation is complex (e.g., joint employment disputes, multiple wage violations across assignments), if the amount owed is substantial (over $1,500), or if you face retaliation after filing a complaint. Hire an attorney immediately if you are terminated or face reduced hours shortly after reporting a violation, as this suggests retaliation, which is illegal under Pennsylvania law and carries enhanced remedies. An attorney can help you calculate damages, file a formal charge with stronger legal arguments, and represent you at any hearing. Many employment attorneys in Pennsylvania work on contingency, meaning they take a percentage of your recovery and advance costs. For wage cases, attorney fees may be recoverable from the employer if you win, making representation affordable. Look for attorneys licensed in Pennsylvania with experience in temp worker rights, wage and hour law, and discrimination claims.