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



Your Next Generation of Leaders Is Already on Your Team. Are They Ready?

Great employees don't automatically become great leaders. They need the right tools, guidance, and opportunities to grow. On December 15, Graphic Media Alliance is bringing all five sessions of the 2026 Emerging Leaders Academy together for one powerful day of leadership development. Join us in person or via Zoom and equip your future leaders with practical skills and a comprehensive Field Resource Guide they can reference for years to come. Registration is open. Invest in your team's future today!

Read More

Your Voice Matters: Help Shape the Printing Industry Outlook

Where is the printing industry headed, and how does your company compare? Graphic Media Alliance encourages members to participate in the latest Printing Industry Performance & Insights survey. Invest just 10 to 15 minutes to help build a clearer picture of the opportunities, challenges, and trends shaping our industry's future.

Read More

GMA Expands Sustainability Resources Through New National Partnership with PrintReleaf

Sustainability is becoming an increasingly important part of doing business in the printing industry. Through a new partnership between PrintReleaf and the Americas Printing Association Network (APAN), Graphic Media Alliance members will gain access to innovative tools that turn environmental responsibility into a measurable business advantage. This exciting partnership will be a key component of our 2027 GMASustainability(+) initiative. Learn more and save the date for a special presentation on November 5!

Read More

Great Connections Are Brewing in Detroit! Join GMA for Oktoberfest!

Networking doesn't always have to happen in a conference room! Graphic Media Alliance is teaming up with AIGA Detroit for a special BrewCrew Oktoberfest celebration on October 27. Join fellow professionals from the printing, graphic communications, and creative communities for an evening of great conversations, new connections, and a little fun along the way. Space is limited, so RSVP today!

Read More

Behind the Scenes with USPS: An Exclusive Look at What Keeps the Mail Moving!

The networking opportunities continue this October! If you attended GMA's ENCORE Leadership Conference or Annual Golf Tournament, you may have met Michelle Shimmel from the Central Ohio Postal Customer Council (COPCC). Now, Michelle and her colleagues are inviting industry professionals to experience a behind-the-scenes tour of the USPS Citygate facility in Columbus on October 21. Space is limited, so don't miss this opportunity!

Read More

Find the What, Make the Sale

Are you asking the wrong question when prospecting for new business? Finding the person responsible for purchasing print might seem like the logical first step, but Bill Farquharson suggests a different approach. In this week's Short Attention Span Sales Tip, discover why understanding a prospect's business challenges and objectives could open the door to more meaningful conversations, stronger relationships, and better sales opportunities.

Read More