DOL Issues Fact Sheet on Seasonal Holiday Labor

The end of the year can be a challenging time for organizations. Juggling vacations, budget planning, and other year-end compliance can leave many organizations short-handed and in need of temporary help. Many find this assistance by hiring temporary or seasonal employees. In fact, the U.S. Department of Labor (DOL) indicates that the end of the year is typically when temporary and part-time employment spikes due to retailers adding staff to accommodate the holiday rush. 

This may explain why, on December 10, the DOL issued a new fact sheet reminding employers using seasonal holiday labor that all the usual federal wage and hour rules apply. The fact sheet, titled Holiday Season Employment Information, includes frequently asked questions about part-time and seasonal employment, ranging from scheduling to child labor.

Here are some of the answers to those questions:

• Temporary, part-time, and seasonal employees are eligible to receive overtime pay for any hours worked over 40 in a workweek.

• Additional pay is not required for night or weekend work.

• Employers can change employees’ work schedules as long as the child labor provisions are being followed.

• The amount of overtime that employees can work is not limited as long as they are over the age of 16.

Please note that the DOL fact sheet does not cover state wage and hour law, which employers must also comply with and may offer greater protections to workers.

And, just to show that the DOL is not taking the holidays off, in mid-November it filed suit in Texas against the Christmas Light Company on behalf of 233 employees who installed and removed lights for the company. The DOL is seeking $240,000 in back overtime pay, and liquidated damages.