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Small Business Help Line: Hire Smart When Adding Seasonal Workers

Small Business Help Line

Hire Smart When Adding Seasonal Workers

Question: I am considering hiring seasonal employees. What rules and regulations should I be aware of?

Answer: New employment laws, the increased threat of discrimination cases, reduced human resources staffing, and rampant layoffs present big legal challenges for companies this year as they hire temporary workers.

Last year, retailers hired an additional 750,000 workers during the holiday season, according to the National Retail Federation. With the NRF predicting a 5.7 percent increase in holiday sales this year , the largest increase since 1999 , the holiday hiring tradition can be expected to continue.

Here are some hiring issues that managers are advised to consider as they take on temporary workers.

– Rehiring laid-off workers: When are you legally required to re-hire employees from past layoffs and reductions? Employers should consult with and follow any agreement they may have with a labor union.

– Immigration regulation considerations: Are you taking the time to ensure that proper documentation has been presented? Individuals must present documentation proving they are authorized to work in the United States.

– Applications for employment: Are you ensuring that applications are properly completed? Employers need to determine if the job candidate is qualified and compatible for the business needs.

– Background checks: Are you keeping with your company’s protocols for ensuring that those hired are fit for employment? It is important for employers to maintain consistency in their hiring practices even when hiring in a crunch.

– Employee theft: With the retail work site becoming more and more frenetic during the holiday rush, employee theft could become more of a problem.

– Payroll practices: Are you complying with state and federal overtime regulations, which require overtime pay for work beyond a certain number of hours within a pay period?

Compiled by attorneys with the labor and employment law firm Littler Mendelson.

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