It can be hectic during the holidays. Most industries — from retailers, to cell phone providers, to production factories — will likely see a significant upturn in orders and customer traffic. In the coming months, retailers will be adding numerous employees to help with the increased holiday season consumer traffic. Whether it is a brick-and-mortar retail location, a delivery service or an Internet sales distribution center, it is likely that the organization will need additional workers. Most often, these employees are categorized as “temporary” or “seasonal.”
Even though these seasonal workers are typically held to the same work standards of full-time employees, they can’t take advantage of certain company benefits. Benefits such as sick time, paid time off or healthcare are only available to seasonal workers under certain circumstances or the policy of the employer.
While these seasonal employees cannot take advantage of government programs such as Family Medical Leave Act, they are still protected by Americans with Disabilities Act, Equal Employment Opportunity Commission and Title VII – to name a few. Additionally, employers must pay special attention to ensure that these employees are not working off the clock and that unpaid overtime is prohibited.
With the influx of new talent, an HR department must take special care to ensure that seasonal employees are accurately paid and their time is accurately recorded. Even a small error could potentially lead to a wage and hour dispute.
Whether you are an employee who feels mistreated by your supervisor, or you are an employer who wishes to remain compliant with state and federal employment law, you should consult with an attorney who has experience in this type of matter. Visit our website to learn more.