temporary employees - required forms

Newbie here.  I know what is required when we hire permanent employees, but we often bring in "day laborers" to help with certain projects.  For example, we have product in our warehouse that needs to be reworked.  It should take about 3 weeks with 3 workers.  They will be earning over $1000 each for the project, and we may use them again in a few months for a similar project.  What sort of forms are required (California) for me to have them sign?  For taxes is it a w-4 or w-9 or is it their choice?  I know they do not classify as "independent contractors" but it doesn't seem right to payroll them on a w-4.  If they must use a w-4, can they file exempt?  I assume I need an i-9 form as well.  Thanks in advance for any answers you can give!


  • 4 Comments sorted by Votes Date Added
  • Hello?  Bueller . . . Bueller? Anyone?
  • If the "day laborers" come from an agency, that agency is responsible for the W4 and I9, payroll taxes, etc.  If the "day laborers" are being employed directly from your company then you are responsible for the W4 and I9, payroll taxes, you name it.  Employees do not get to choose which form, you or the agency are responsible for having the employee complete both within the required time frame of starting work.  I hope that helps!
  • If they are employees of your company, your company is required for all the employment paperwork, even if the employment is intended to be temporary based on project completion or a time frame.  Having them sign a document that indicates that they are at-will and temporary would be a good idea if they are your employees.


    If they are temps from an agency, and your company is paying the agency, then there is no paperwork for them to sign (assuming no need for non-disclosure/non-compete docs), only for a contract between the two companies.  Generally, there will be some need for time keeping, because the contracting agency will be paid based on the hours worked by the temps.

  • Awesome.  Thanks to both of you.
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