Terms and conditions, • Employee Benefits Most employment laws, except the Family and Medical Leave Act (FMLA], also apply to seasonal employees. This law applies whether the employee is a temporary or seasonal employee or a full-time, regular employee. After 12 weeks, they are also entitled to receive the same rate of pay and basic working conditions as permanent staff. The Bureau of Labor Law Compliance is responsible for the administration, education, and enforcement of labor laws including Prevailing Wage, Minimum Wage, Child and Seasonal Farm Labor, Equal Pay and Wage Collection, Apprenticeship and Training, and the enforcement of the Underground Utility Act. The Balance Careers uses cookies to provide you with a great user experience. Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. The fall and winter holiday seasons when customers flock to retail stores, restaurants, grocery stores, hotel banquet rooms, entertainment venues, and bars; Summer’s seasonal employment in resorts, outdoor recreation locations, and parks; Summer's seasonal employment to replace the work of full-time, regular employees as they take vacations and catch up with family; Summer into fall when farmer’s markets open across the country, farmers harvest their vegetables and fruits, and food preservation is in top demand; and. Everyone’s hoping the holiday period will go smoothly. There are very few rights that apply to all employees, workers and self-employed individuals, although protection against discrimination because of a protected characteristic (such as sex, race, disability and age) applies to all. Most employment laws, except the Family and Medical Leave Act (FMLA], also apply to seasonal employees. Seasonal Employment Advantages for the Employer. They must be paid the Federal minimum wage or the minimum wage that was set by their state or local jurisdiction, whichever is more advantageous to the employee. If the individual has two or more years’ service, the employer needs to ensure that it has a fair reason for the employment ending and needs to follow a fair termination procedure. Employment Law Seasonal status precludes employers from being liable for unemployment benefits directly associated with seasonal work. Under an umbrella contract, a contractual framework remains in place between the employer and the individual during periods where no work is provided, and employment rights could be accruing. So the normal requirement — to offer health insurance by the first day of the fourth month of employment — does not apply to seasonal employees, even if they're working 30+ hours per week during the season that they're employed. A common solution for employers in these sectors is to recruit additional personnel during these periods. They should be given information about any employment vacancies and access to all collective facilities (such as the work canteen). They are often able to appoint a substitute to do the work instead if they do not wish to do the work personally. If your company employs 50 or more FTE workers for 120 days a year or less or for four complete calendar months (they don’t have to be consecutive), and the employees that take you over the threshold of 50 employees are temps, your business is not considered an ALE, so you wouldn’t be subject to the employer mandate. While the FLSA doesn’t require a certain number of hours to determine full-time status, the ACA does. Try the Solution Finder. People Analytics The FLSA doesn’t require a certain number of work hours to determine full-time or part-time employment; that’s on individual companies to decide. Seasonal employees are entitled to overtime pay at a rate of one and a half times their regular rate of pay if they work more than 40 hours during their standard work week. Payroll Another option for businesses responding to seasonal demand is to engage agency workers. However, this is not always the case and each situation will be judged on its own facts.