TIP SHEET
Compliance Checklist for Seasonal Employees
‘Tis the Season for Compliance – A Holiday Hiring Checklist for Employers
Your company’s compliance doesn’t take time off for the holidays. Our latest tip sheet breaks down key considerations for hiring seasonal employees, including proper employee classification, tracking paid leave, minimum wage requirements, and overtime regulations. Whether you’re hiring for a short-term surge or regular seasonal needs, this guide will help you avoid costly penalties and ensure smooth operations.
View our tip sheet to make sure your seasonal staffing stays compliant—regardless of if you’re managing tens or thousands of locations.
Overtime Regulations for Seasonal Workers
Generally, seasonal employees are still subject to overtime rules. Under the Fair Labor Standards Act (FLSA), non-exempt seasonal workers must receive overtime pay when exceeding 40 hours worked in any given workweek. Some states, like California, have even stricter overtime laws, such as paying overtime for work over eight hours in a single day.
✅ Make certain your time tracking system is up to date and regularly review your seasonal employees’ schedules to confirm that overtime pay is correctly applied.
Employee Classification
Proper classification of seasonal employees is essential to avoid costly compliance penalties. Seasonal workers fall under the definition of “temporary workers,” can be full-time or part-time, and generally work less than 1,000 hours a year for your company. And while temporary workers may work under a contract, be careful not to classify them as “independent contractors” or “contract workers,” who are self-employed.
✅ Conduct regular audits to confirm that your seasonal employees are correctly classified and receiving all required benefits and protections.
Tracking Paid Leave Laws for Seasonal Employees
Many states, counties, and cities have paid sick leave laws that apply to seasonal employees, regardless of how short their employment period is. For example, states like New Jersey and Arizona allow seasonal workers to accrue paid sick leave just like regular employees.
✅ Ensure your HR system tracks paid sick leave accruals for all workers, including seasonal staff, to maintain compliance with local laws. GovDocs Paid Leave can help you stay compliant with state and local paid sick leave laws, including those that specifically apply to temporary workers.
Minimum Wage Requirements for Seasonal Employees
Seasonal workers are entitled to the same minimum wage as regular employees. For multi-state employers, it’s important to track these varying minimum wage rates, which can differ by state, city, or even county. Washington, for instance, has a higher minimum wage than the federal requirement, and some cities impose even stricter standards.
✅ Make sure to adjust your payroll system to account for differing wage rates in the states and cities where your seasonal employees work. GovDocs offers a minimum wage solution that will automatically alert you whenever a change occurs at one of your locations, simplifying this process significantly.
Hiring Practices & Legal Considerations
Hiring seasonal workers requires the same attention to compliance as hiring for full-time staff, if not more so. These temporary staff members need to complete I-9 forms, have access to labor law posters, and are guaranteed the same protections against discrimination as permanent employees. Ensuring your onboarding process follows all federal, state, and local regulations is key.
✅ Audit your seasonal hiring process using a detailed checklist that includes labor law posting compliance, minimum wage rates, employment classification, and paid leave.
