'Tis the Season!

At this time of year, many employers hire temporary workers to help handle the busy season associated with the holidays. Remember that compliance with labor laws is equally important when it comes to seasonal employees. The good news is employers can take steps to avoid legal landmines to ensure their holiday season will be merry and bright.

Keep in mind that most state and federal laws apply to seasonal workers the same way they do to year-round employees. These include antidiscrimination, antiharassment, wage-and-hour, workplace safety, and child-labor laws. Make sure supervisors are trained on how to properly address reports of harassment and discrimination, and how to respond to requests for accommodation.

Set clear expectations by indicating in the application or offer letter that the seasonal job is at-will, temporary, and subject to the state laws where the work is performed. There is no need to guarantee a certain duration or end date of employment. Employers are not required to provide sick, vacation, or holiday pay, but all employees must be provided with workers’ compensation. Employers should use Forms W-4 and I-9 when they hire a seasonal employee.

Be careful to classify temporary employees correctly. Except for special circumstances, most seasonal staff will be non-exempt workers eligible for federal minimum wage and overtime pay. It’s also important to determine if these workers are independent contractors or employees under the new March 2024 rules from the US Department of Labor.

It's also important to remember there are special legal rules for younger workers. For example, employees younger than 16 may only work up to three hours on school days and up to 18 hours maximum during any school week. In addition, businesses must not employ those younger than 18 in occupations declared hazardous by the Secretary of Labor.