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.
2026 Print Week Celebrations
Our first event is next Thursday, March 5, and registrations are pouring in. Our Print Week traditions also recognize the outstanding contributions of individuals and companies in the industry. Read about the exceptional winners of the Maxwell Award and Printer of the Year Award. Register now to celebrate with them! See a helpful link to the SOUTHERN event's location. Also, receive savings on your MICHIGAN stay by booking your room via GMA's portal.
Read MoreTurning Energy Costs Into Opportunity: How GMA Members Are Capturing Real Savings Through Demand Response
GMA members are already seeing measurable energy savings through TogetherSolve’s Demand Response and procurement programs. With enrollment deadlines approaching, now is the time to act and position your business for immediate and long-term cost advantages.
Read MoreOhio's Mini-WARN Law Expands Advance Notice Rules for Mass Layoffs and Closures
As more layoffs are announced across the country, employers operating in Ohio must make sure they understand their obligations under the state’s “mini-WARN” law that just rolled out last fall.
Read MoreJuly Price Change Becoming Clearer
After eleven months, the Postal Service’s potential annual rate authority under the CPI (Consumer Price Index) cap is getting clearer. Like the rest of us, the Postal Service is watching where the CPI cap may land.
Read MoreDigital Printing Poised to 'Mature' in 2026
Factors such as brands’ input, artificial intelligence and system interoperability are expected to influence adoption of digital printing for packaging this year, according to a newly released report.
Read MoreThe Key to a Great Sales Pitch
They say you have 8 seconds to grab someone's attention. THAT'S IT! For salespeople, that means you'd better get to the point quickly. But what point? In this week's Short Attention Span Sales Tip, Bill Farquharson tells you how to create a great sales pitch.
Read More
