Nys Seasonal Employment Laws

How many hours does a full-time job dedicate? How many hours is a part-time job? This definition is used to determine whether the employer is an AEA, that is, an employer with 50 or more full-time employees or FTEs. If the employee works 120 days or less per year, they are considered a seasonal worker and may be excluded from the number of FTEs when determining AEA status. Many students experience an increase in their free time and need for extra money during the holidays. As many retailers have an increased need for seasonal or part-time assistance at the same time, many employers will fill their seasonal or part-time positions with young workers. This often suits both parties well. The RSA does not define full-time or part-time employment. This is a matter that is usually determined by the employer. The fact that an employee is considered a full-time or part-time employee does not change the application of the RSA. If your company plans to hire seasonal workers this summer, our team of business lawyers can advise you to make sure you meet federal and state requirements. Call us today to schedule a consultation.

Wednesday, August 11, 2021 – Seasonal employment is common in service-oriented industries like retail and hospitality, where business tends to increase at certain times of the year. Other employers can take advantage of seasonal employment if necessary. Hiring seasonal staff may affect your AEA status. However, the ACA distinguishes between “seasonal workers” and “seasonal workers”. Only seasonal workers are taken into account in determining whether an organization is an AEA. A seasonal worker is an employee who “performs work or services on a seasonal basis, including seasonal workers as defined by the Ministry of Labour and retail trade workers employed exclusively during vacation periods.” New York`s Paid Sick and Security Leave Act applies to employees hired for more than 80 hours per calendar year. Thus, if an employee works 80 hours or less, the employer does not have to grant or bill paid sick leave. However, if a seasonal worker is reinstated within six months, the employer must reinstate the previously accumulated sick days, unless the employer pays the employee for sick leave not used when the employee leaves.

If the employee is reinstated by an employer within six months of termination, the employer must write to the employee the total number of calendar days worked for the 120-day waiting period preceding the separation. If the employee`s interruption of work is longer than six months, the employer is not required by law to reinstate unused sick leave. The employee would have a balance of zero accumulated sick leave on the first day of reinstatement and would not be entitled to take sick leave for 120 days after returning to work. However, if an employee leaves at the end of January and returns, for example, in November, all work during the calendar year must be included to determine whether the employee has worked more than 80 hours and is entitled to sick leave under the law. Students on break are often eager to earn a little extra money while they are at home. The working hours of minors depend on their age, the type of work and the minor`s school attendance. New York State has one of the strictest child labor laws in the country. Keep in mind that there are different rules depending on whether the school is in session or not. During holidays (school must be closed for the entire calendar week): One of the laws enforced by Wage and Hour is the Fair Labor Standards Act (FLSA), which requires employers to pay non-exempt covered workers at least the federal minimum wage for all hours worked and overtime pay for all hours over 40 hours in a work week. General information about the FLSA, including how it applies to tipped employees, can be found on the WHD website at www.dol.gov/agencies/whd/flsa/ Fact Sheet #15: Tipped Employees under the Fair Labour Standards Act (FLSA). Employers who rely on vacations to make that extra profit should consider seasonal workers to handle the extra sales. But employers need to make sure they comply with the employment guidelines required by the city and state, otherwise a short-term employee could be expensive in the long run! After the end of the employment relationship, the employer must pay wages no later than the regular pay day for the paid period.