Summer brings about a multitude of changes, including weather, summer vacations, and even employment. For many industries, summer is a time to hire temporary workers for their busy season, or even part-time workers since high school and college students are available. It’s important to know the key differences between part-time and seasonal/temporary employment, especially with ACA and FLSA on the horizon.
You may not be familiar with the regulations for part-time and temporary/seasonal sort of employment; thus, we compiled some information to help guide both employers and employees through this busy season in an informed manner by comparing part-time to seasonal/employees.
Laws that cover harassment, discrimination, and workplace health and safety apply to all workers, including part-time and seasonal/temporary employees, just as they do for any other employee. Likewise, under the Fair Labor Standards Act(FLSA), part-time and full-time employees have equal rights concerning minimum wage, overtime pay, record keeping, and child labor.
Part-Time: Part-time employees are typically paid on an hourly basis. So, they must comply with company rules, policies, and obligations, such as performance goals, safety rules, and company business practices.
Seasonal/Temporary: Temporary employees, or “temps,” are typically hired to cover for absent employees and temporary vacancies, such as maternity leave, military leave, or disability leave, or to fill gaps in a company’s workforce. Seasonal/temporary employees, must comply with company policies, too. However, if you have an agreement with a “temp” agency be sure to make sure that guidelines, obligations, and policies have been covered.
Certain benefits may vary by state, so please check with your state department of labor to determine the specific laws that apply in your state.
Part-Time: Part-time employees generally have limited or no company benefits. Such benefits could include:
- Health benefits
- Vacation and sick time
- Paid holidays
- Unemployment compensation
Some of these benefits, among others, are available at a limited basis unless required by state labor laws and/or company policies.
Furthermore, according to FindLaw, under federal law, part-time employees are treated the same as full-time employees under the Fair Labor Standards Act (FLSA) concerning minimum wage, overtime pay, record keeping and child labor.
Seasonal/Temporary: Temporary employees are not usually eligible for employee benefits. However, if the temporary employee was hired through an agency, that agency may offer employee benefits so that the employee is provided with needed healthcare, insurance, and so on.
Be aware that FLSA does not define what is part-time versus seasonal/temporary by hours, instead that is managed by the company/employer.
Pro Tip: If the employee is part-time or full-time, this does not change the FLSA application.
Part-Time: These employee hours are usually less than 35 hours per week. While a part time employee may work overtime if agreed upon, child labor laws prevent children under the age of 18 from working more than so many hours per week.
Seasonal/Temporary: These employee hours can range from part-time to full-time to fill the workload needs gap. However, overtime compensation requirements can apply for hours worked over 40 in a work week. Be aware that FLSA also does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.
Part-time and temporary/seasonal employees are subject to the same tax withholding rules that apply to other employees. For details on your tax reporting responsibilities, refer to IRS regulations on part-time or seasonal help. Be sure to check state tax laws that pertain to these employees, too.
Part-time and temporary/seasonal employees are common with the ebb and flow of a business. If it’s your job to stay up to date with the changes of employees and laws, check out our blogs for more information and tips. Or contact us to learn more about how APS can help you.