Seasonal Hires

Author: Marta Moakley, XpertHR Legal Editor

One of the most challenging aspects of staffing a productive and profitable organization concerns striking a balance between employee compensation costs and fulfilling client expectations. Often, an employer strikes this balance by increasing staff on a seasonal basis - especially in industries such as hospitality or retail.

Depending on an organization's specific needs, an employer may need to hire and train hundreds or thousands of employees under strict time constraints. Although the practical consequences of hiring, managing and onboarding a large number of workers may be overwhelming to hiring managers and supervisors, an employer must ensure that proper recruiting and hiring procedures (e.g., background checks) are followed in order to mitigate any liability risk.

As part of the hiring process, an employer should ensure compliance with applicable wage and hour laws, including classification under the Fair Labor Standards Act (FLSA). Once a seasonal employee is on the job, a supervisor should ensure that the proper training is provided to all new hires regarding safety and health procedures.

However, an employer should be aware that seasonal employees may be included in calculations for certain requirements under employee benefits or leave laws. In addition, an employee's rights under certain laws (e.g., equal employment opportunity or military leave) are not lessened simply because an employee holds a temporary, seasonal or contingent position. Finally, the use of a staffing agency in conjunction with filling open positions does not alter the employer's responsibilities with respect to ensuring a safe and fair workplace or preventing security breaches - even if a joint employer relationship exists.

Using XpertHR's various Tools and resources will aid in increasing overall compliance and mitigating risk.


Manage Seasonal Employees

Provide New Hire Paperwork to New Employees

Classify an Employee Under the FLSA

How To

How to Manage Contingent or Temporary Workers

How to Determine Applicable Large Employer Status Under the Affordable Care Act

How to Determine Full-Time Employee Status Using the Look-Back Measurement Method and Evaluate Pay or Play Penalties

How to Classify an Employee Under the FLSA

Supervisor Briefings

OSHA Responsibilities - Supervisor Briefing

Employment Law Manual

Managing Employees in Special Situations

Employee Classification > Employees of Seasonal and Recreational Establishments

Employee Communications

New Hire Paperwork

Hours Worked

Immigration, Form I-9 and Work Visas

Health Care Benefits

Depositing and Reporting Withheld Taxes

Process of Termination

Legally Required Benefits

Other Leaves

Training and Development

Workers' Compensation


How is an employee classified under the look-back measurement method for determining full-time employee status under the Affordable Care Act?

How does the look-back measurement method for determining full-time employee status under the Affordable Care Act apply to new variable hour and seasonal employees?

How are full-time equivalent (FTEs) calculated under the Affordable Care Act?

If an employer is seeking to employ a foreign worker for a seasonal job, what visa program applies?

Which employees should an employer count to determine Family and Medical Leave Act (FMLA) applicability?

Does an employer in the wholesale and warehouse industries have any specific federal compliance requirements when hiring seasonal employees who are underage?