Graphic Media Alliance

Complete Story
 

11/21/2023

10-Step Compliance Plan to Hiring Seasonal Workers

Source: Fisher Phillips, November 27, 2023

Employers across a wide variety of industries are looking to ramp up their hiring efforts as the holiday season begins. Indeed, many businesses will rely on temporary workers to meet the uptick in demand that holiday shopping brings – which makes it critical for you to understand and avoid the legal pitfalls associated with seasonal employment. Here are 10 practical tips to help you stay compliant as you prepare for the holiday rush.

1. Understand the Definition of “Seasonal Employee”

First, you should determine whether your temporary employees are truly “seasonal.” According to the IRS, an employee is considered seasonal if the employment period is expected to last for six or fewer months and the need for the role usually starts and ends at about the same time each year – such as November to January for the holidays.

2. Ensure Compliance with Wage and Hour Laws

The federal Fair Labor Standards Act (FLSA) and state laws generally require you to pay seasonal employees 1.5 times their regular rate of pay for all hours worked beyond 40 in a given workweek. However, certain individuals are exempt from overtime requirements under both federal and state law. Under the FLSA, for example, employees of certain seasonal amusement or recreational establishments, organized camps, and religious or nonprofit educational institutions are generally exempt from overtime pay. Additionally, the FLSA provides for subminimum wage for minors under certain circumstances. It’s important that you review your seasonal employees’ status under federal and state law to determine whether overtime exemptions apply. You should also be aware of various state and local laws that apply to meal and rest breaks, predictable scheduling, and other requirements.

3. Verify Employment Authorization

Employers must treat seasonal staff in the same way they treat regular employees by verifying that they are legally eligible to work in the United States. Employers should complete the Employment Eligibility Verification form (I-9 Form) even for seasonal employees. If you're hiring remote workers this season, you should review new options for remote I-9 completion and be sure to use the recently updated Form I-9.

4. Avoid Issues with Misclassification 

Businesses often misclassify employees as independent contractors and, in the process, open themselves up to significant potential liability. This temptation can be especially compelling with seasonal employees. You should avoid designating a seasonal worker as an independent contractor without first determining that the circumstances legally justify such a classification. You should also note that some states, such as California, Illinois, Massachusetts, and New Jersey, have stricter rules than federal law when it comes to independent contractor classification.

View full guidance

Printer-Friendly Version



2026 Print Week Celebrations

We eagerly anticipate the upcoming celebration of our Print Excellence Awards, where we will recognize outstanding achievements in print across our four regions. Alongside honoring contest winners, we're excited to pay tribute to distinguished individuals who have made significant contributions to the print community.

Read More

Please Don’t Break My Heart (or My Cash Flow)

In the fast-paced world of printing, falling for the wrong customer can feel like a bad romance. Read more about PICB’s reminder that when “love” turns into a late payment, it’s time to call for help.

Read More

What’s Your Employee Mission (EVP)? A Printing Industry Wake-Up Call

An EVP states the value, rewards, benefits, and gains employees receive from their commitment to serve the company…both in monetary and nonmonetary ways. From a previous “Printing Industry Performance & Insights” study, there is significant value in printing companies defining and stating their EVPs.

Read More

When Constraints Spark Creativity: The Future of Packaging

Ahead of Packaging Innovations & Empack 2026, creative technologist Jude Pullen explores how constraints, from regulation to logistics, can become the most powerful driver of packaging innovation.

Read More

Paper Matters - You Can Be a Tree Hugger and a Paper Lover

The Love Paper campaign, planned for February 2026, leans into facts – but doesn’t neglect emotion.

Read More

Back to Your Sales Future

They say the best indicator of the future is the past. A visit to the past can also help your sales future, as explained in Bill Farquharson's Short Attention Span Sales Tip this week.

Read More