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.
The Power of Print
Last Thursday marked the grand finale of our month-long Print Week celebrations. From packed rooms and award winners to the connections that brought our industry together, here are some of the highlights that made it so memorable.
Read MoreAEP Ohio Customers to Face Higher Electric Bills Starting April 1 Amid Rate Adjustment Approval
The increase is tied to a PUCO-approved rider, which allows utilities to recover certain transmission-related costs. While broader demand trends — including growth from large energy users like data centers — are part of long-term planning discussions, filings with the Public Utilities Commission of Ohio typically base these adjustments on specific cost-recovery mechanisms rather than generalized “market forces.”
Read MoreCan Your AI Chat History Be Used Against You in a Lawsuit?
If you or your employees use ChatGPT or other generative artificial intelligence to help during a lawsuit, are the AI chat histories and other archived data fair game during discovery, or are they protected by the attorney-client privilege or work-product doctrine?
Read MoreManage Your Reputation With Smart Hiring Practices
The people you hire play a key role in the success and bottom line of your business. Your team often serves as the face of your company, directly shaping public perception. When customers interact with an employee, they may form an opinion about your entire brand.
Read MoreUSPS Considers Increasing First-Class Stamps to 95 Cents
The head of the U.S. Postal Service says the agency needs to increase the price of first-class mail stamps from 78 cents to as much as 95 cents, as it is projected to run out of cash by early 2027.
Read MoreA Job-Saving Sales Action
The minute a sales rep leaves the office, the questions begin: Is my rep doing their job? In this week's Short Attention Span Sales Tip, Bill Farquharson shares how to answer that question before it is asked.
Read More
