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Tips For Seasonal Employment During The Holidays
Nov 7, 2025 8:00:00 AM
Temporary and part-time employment increases this time of year as many retailers and other employers add headcount to accommodate a surge in business. As an employer, it’s critical to remember that even though seasonal workers are temporary or part-time, they are protected by most of the same employment laws that apply to your full-time staff.
Seasonal employees are typically covered under the following federal and state regulations:
- Anti-harassment, Discrimination, and Retaliation Laws
- Disability Laws
- Workplace Health and Safety (OSHA)
- Wage and Hour Laws: Including minimum wage, overtime pay, accurate record-keeping, and child labor restrictions.
- State and Local Laws: Such as sick leave and background check requirements.
The U.S. Department of Labor (DOL) offers the following information on the Fair Labor Standards Act (FLSA) to help guide employers through this busy season in an informed manner.
Frequently Asked Questions Regarding Part-Time or Seasonal Employment
How many hours is full-time employment? How many hours is part-time employment?
The FLSA does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA.
How many hours per day or per week can an employee work?
The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work. However, as noted above, overtime compensation requirements can apply for hours worked over 40 in a work week.
When can an employee's hours of work be changed?
The FLSA imposes no restrictions on the scheduling of employees, with the exception of the child labor provisions. Therefore, the FLSA does not limit an employer's ability to change an employee's work hours without giving prior notice or obtaining the employee's consent (of course, such changes may be limited by prior agreements between the employer and employee and the employee's representative).
Click on the links below for answers to these other FAQs:
- Is extra pay required for weekend or night work?
- When is overtime due?
- When are pay raises required?
- How are vacation pay, sick pay, holiday pay computed and when are they due?
- When must breaks and meal periods be given?
- When is double time due?
Additional information regarding the Retail Industry in general may be found in WHD's Fact Sheet #6, The Retail Industry Under the Fair Labor Standards Act (FLSA), at the following link:
For questions on HR best practices for seasonal employment you can reach out to your FrankAdvice HR Consultant.
