Seasonal Workers and Their Rights: What California Employees Need to Know This Fall

By Eugene Bruno on September 23, 2025

As fall arrives, so does the demand for seasonal workers. From apple orchards and pumpkin patches to retail stores gearing up for holiday traffic, many businesses bring on short-term help to handle the rush. Seasonal employees have legal rights, and employers must follow the law.

Here’s what every seasonal worker in California should know about their rights this fall:

1. You’re Likely an Employee, Not a Contractor

Just because the job is short-term doesn’t mean you’re an independent contractor.
Under California’s AB 5 law and the ABC Test, most seasonal workers must be treated as employees, which gives you access to:

• Minimum wage protections
• Overtime pay
• Breaks and rest periods
• Legal protections against discrimination and retaliation

If you’re being called a “contractor” but working under someone’s control, using their equipment, and not running your own business,  you may be misclassified, and you could be owed back pay and penalties.

2. You’re Entitled to Minimum Wage, Overtime, and Breaks

Even if you only work a few weeks, California’s wage and hour laws still apply:

• Minimum wage: As of 2025, $16/hr statewide, but many cities and counties have higher local minimums (e.g., San Francisco: $18.67/hr; Los Angeles: $17.28/hr)
• Overtime: You must be paid time-and-a-half if you work over 8 hours in a day or 40 hours in a week.
• Meal & rest breaks: You’re entitled to a 30-minute meal break (unpaid) after 5 hours and 10-minute rest breaks (paid) for every 4 hours worked.

Common violation: Employers asking seasonal workers to skip breaks or “work off the clock” is illegal — and you may be owed premium pay for missed breaks.

3. You Can’t Be Harassed, Discriminated Against, or Retaliated Against

California’s strong anti-discrimination laws apply to all workers,  including seasonal and part-time employees. It’s illegal for your employer to treat you differently based on:

• Race, gender, age, religion, disability, sexual orientation, or national origin
• Pregnancy or medical conditions
• Immigration status (yes, even undocumented workers have rights under state labor laws)

You’re also protected from harassment by managers, coworkers, or even customers.
And if you speak up about unsafe conditions, unpaid wages, or labor law violations, your employer cannot legally retaliate or fire you for it.

If they do? You may have a retaliation or wrongful termination case.

4. Even Temporary Workers Deserve a Fair Hiring and Firing Process

Seasonal work is, by nature, temporary, but that doesn’t mean employers can fire you for illegal reasons or deny you fair treatment.

California is an at-will employment state, but you may have a wrongful termination claim if you’re fired because you:

• Complained about unpaid wages
• Requested a legal break
• Reported discrimination or harassment
• Took legally protected sick leave

5. You Have a Right to Speak Up, Even Without a Union

You don’t need to be in a union to speak up about workplace conditions, pay issues, or illegal practices.

California law protects concerted activity, meaning you and your coworkers can organize, raise concerns, or ask questions about your rights without fear of retaliation.

Been Treated Unfairly as a Seasonal Worker?

Whether your paycheck came up short, you were misclassified as a contractor, or you were fired for speaking up. You don’t have to stay silent!

At Eugene Bruno & Associates, we fight for workers across California, especially seasonal and vulnerable employees. We’ll help you understand your rights, calculate what you’re owed, and hold your employer accountable if they violated the law.

Contact a San Diego employment law attorney today for a free consultation by calling 1-888-BRUNO-88 (1-888-278-6688).