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



Meet the Leaders Behind ENCORE 2026

The speakers are set. The agenda is built. And ENCORE 2026 is bringing together five experienced leaders for one powerful day focused on the challenges and opportunities facing today's businesses. Meet this year's presenters and discover the six sessions designed to help you Lead Beyond Today.

Read More

Calling All Golfers: Let’s Hit the Links!

Calling all golfers! Whether you play every weekend or your clubs only make an occasional appearance, this one’s for you. Our scramble/best ball format makes the GMA & Sterling Distribution Golf Tournament perfect for golfers at every skill level. Grab your team, bring a customer, invite a colleague, or come ready to make some new connections. It’s all about good golf, great company, and a fun day on the course.

Read More

GMA Member Exclusive: Start Now. Pay Starting in 2027.

An exclusive opportunity for GMA members! Considering an AI rollout, stronger cybersecurity, or upgrading your IT support? Through a special new program from NetGain Technologies, GMA members can get started now with onboarding and full services at no cost through December 31, 2026. Sign in September and that means four months of service with $0 due. This is not a trial or scaled-back program. It is the real deal.

Read More

Better Training Builds a Better Workplace

Training isn't just something to check off the list. Done well, it can help improve productivity, strengthen company culture, retain employees, protect profitability, and reduce risk. Federated Insurance shares why a strong employee training program can pay dividends throughout your organization.

Read More

OSHA Questions? Start Here.

What happens when OSHA shows up? Which records are required? How should you respond to an employee safety complaint or citation? Even experienced employers have OSHA questions. Fisher Phillips has updated its comprehensive employer FAQ for 2026, providing a valuable resource to help businesses better understand workplace safety requirements and what to expect when OSHA comes calling.

Read More

The Calm Before the Sales Storm

Labor Day week may traditionally be a quiet one, but quiet doesn't mean useless. Before the fall sales season kicks into high gear, Bill Farquharson shares some smart ways to use the downtime to prepare, organize, and position yourself for a strong September in this week's Short Attention Span Sales Tip.

Read More