While the holiday season is a blur of activity, it will pay off later to take time now to make sure you are communicating well with seasonal workers so that they understand all aspects of their temporary employment.
First, be mindful about not paying workers below the minimum wage or triggering overtime requirements. Under the federal Fair Labor Standards Act, certain seasonal employees at amusement parks, recreational establishments, organized camps, and religious or nonprofit educational institutions are exempt from overtime pay. That includes stadiums, ice skating rinks and zoos. Be sure they know that.
"It's so important to button up your policies and pay practices" because a lot of class-action lawsuits involve short-term and seasonal employees, said Ryan Crosner, an attorney with Ogletree Deakins in Los Angeles. "If you're having someone come in for a very short time, those are the folks a lot of times that bring wage and hour class actions."
You also need to consider your company size and the threshold for complying with state and federal laws. A few extra seasonal employees "can put you over the numbers, if you're a smaller employer," said Courtney Leyes, an attorney with Fisher Phillips in Memphis, Tenn.
That means you may have to start complying with the federal Family and Medical Leave Act, the federal Affordable Care Act or similar state laws. In some states, seasonal employees might be eligible for state-mandated paid sick leave.
The Internal Revenue Service...
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