During the summer, business hires shoot up. Golf clubs, restaurants, resorts, amusement parks, and other entertainment destinations that sell during summer, boost their workforce during the warm months.
Despite the labor shortage our country is currently facing, this coming summer will not be an exception to seasonal hires; people will probably be eager to get out of the house.
A lot has changed since 2020, but one thing remains the same: the federal and state laws on the guidelines between employers and employees.
If you own an Idaho business, and you plan on bringing in new hands during the summer, then you need to remember that other laws and benefits still stand, like taxes, overtime, pay, and employment laws for teenage workers. You have to adhere to the Department of Labor regulations, the Affordable Care Act (ACA), and state labor laws.
At Generations Law Group, we know how to minimize taxes, prevent claims from creditors, and ensure your legacy is safe and secure. Let’s take a look at some things you need to keep in mind if you’re thinking about hiring seasonal employees.
How Are Seasonal Employees Defined in Idaho?
Seasonal employment refers to the hiring of people in order to meet a short-term business need.
It’s important to remember that the same laws that apply to interactions with regular employees, apply to those with seasonal employment. All workers’ compensation must be the same.
If your company has at least fifteen employees, you are compelled to meet federal equal employment opportunity responsibilities. Before you hire a seasonal employee, you are required to use Forms W-4 and I-9.
At the end of the day, the best way to ensure you’re in compliance with Idaho employment laws is always to work with a dedicated business attorney.
What Is the Law Regarding Seasonal Employee Payment?
For seasonal employees, the Fair Labor Standards Act (FLSA) covers issues on overtime pay, minimum wage, underage employment standards, and recordkeeping.
Based on the Department of Labor, the FLSA does not clearly say anything about how seasonal should and should not be treated, but the FLSA has its requirements for minimum wage and overtime.
Wage and overtime apply to seasonal employees the same way it applies to regular employees.
Like the regular workers, seasonal workers should be paid for overtime at a rate of 150% of their regular hourly pay. The hours should be more than their 40 hours per week limit. They should also be paid higher than the federal minimum wage and state minimum wage of the business’s state.
Again, be sure to get in touch with a dedicated Idaho business attorney to ensure your business is protected every step of the way – especially in the long run.
What are the Conditions for Seasonal Youth Employment?
If you are looking to hire seasonal employees, there’s a good chance you’ll be employing teenagers.
Therefore, it’s important to be aware that the Department of Labor has special rules in place to help protect your young workers. Generally, there are limitations to the type and amount of minors that you can employ, such as:
- When it comes to nonagricultural jobs, you cannot employ people below 14 years of age.
- If the environment is perceived as hazardous, children between fourteen and seventeen are not allowed to work as defined by the Department of Labor.
- Children between fourteen and fifteen can work in non-manufacturing and non-hazardous jobs, as specified by the Department of Labor.
- The number of hours allowed and the period a fourteen and fifteen years old can work are limited. Their work hours must be between 7 a.m. and 7 p.m. However, during summer they are allowed to work till 9 p.m.
- Employers must pay their teenage employees the state or federal minimum wage. However, FLSA allows employers to pay employees under age twenty the youth minimum wage, which is about $4.25 per hour (limited to the first ninety calendar days on the job).
Call Generations Law Group Today
Whether you’re dealing with the next step for your business or your family, Generations Law Group has you covered. Our goal is to help you create a comprehensive process to minimize disruption to your business and allow you to move forward with your life, proud of your hard work. Get in touch with us today to get started.