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.
Inflation Pressures Persist as Manufacturing Costs Continue to Rise
Manufacturers continue to face mounting cost pressures as both consumer and producer prices accelerated in May. According to the latest National Association of Manufacturers Monday Economic Report, rising energy costs, increasing wholesale prices, and declining real wages are creating renewed uncertainty for businesses. Here's what print and graphic communications companies should be watching as inflation concerns remain front and center.
Read MoreAI Is Already in Your Workplace. Do You Have a Plan?
Artificial intelligence is rapidly finding its way into the workplace, often without formal oversight or security controls. In a recent study, just 35 employees generated more than 4,000 AI-related queries in a single month, many through free, unsecured platforms. To help business leaders navigate both the opportunities and risks of AI adoption, NetGain Technologies is hosting a series of Lunch & Learn events focused on AI security, governance, productivity, and practical implementation strategies.
Read MoreOSHA Expands Heat Enforcement Efforts Through 2031
As temperatures rise across the country, OSHA is expanding its focus on workplace heat-related hazards. The agency recently updated and extended its National Emphasis Program for Outdoor and Indoor Heat-Related Hazards through 2031, signaling that heat illness prevention will remain a major enforcement priority for years to come. Employers in manufacturing, warehousing, transportation, retail, and other industries should take note of the program's expanded inspection procedures and enforcement guidance.
Read MoreIt's Not Too Late to Join the Emerging Leaders Academy!
The Emerging Leaders Academy continues next Tuesday with Session Two, but there is still plenty of time for new participants to enroll. Thanks to the program's built-in flexibility, no content will be missed. Participants who join after the program has begun will receive access to all previous materials and can attend the December 15 Full-Day Recap Session, where every academy session will be revisited and reinforced. If you're looking to invest in the future leaders of your organization, now is the perfect time to get involved.
Read MoreUnlock Your Free Girls Who Print Membership and Join the Summer Summit
As a Graphic Media Alliance member benefit, your company receives FREE access to the Girls Who Print Member Platform. Designed to support women in the printing and graphic communications industry, the platform offers professional development resources, networking opportunities, leadership content, mentorship connections, and a thriving community of industry professionals. Members are also invited to participate in the upcoming Girls Who Print Summer Summit, a virtual event focused on career growth, leadership development, and meaningful industry connections.
Read More"We Already Have a Vendor" Might Be the Best Thing You Hear All Day
One of the most common responses in sales is also one of the most misunderstood. When a prospect says, "We already have a vendor," many salespeople hear a rejection. Sales expert Bill Farquharson argues that successful sales professionals hear an opportunity instead. In this week's Sales Tip, Bill shares why existing vendor relationships are often the best place to start a meaningful sales conversation.
Read More