Seasonal employees are an important part of the country’s workforce. Temporary staff during the holidays and busy tourist seasons keeps many businesses afloat, and serve as an integral part of our economy. In fact, during the 2014 holiday season, the retail industry hired 755,000 new employees, according to the Bureau of Labor Statistics.
By definition, a seasonal employee is anyone who is hired into a position that typically lasts for six months or less, and begins at the same time every year. For example, holiday employees are typically hired in October and work through the Thanksgiving and Christmas season only. Seasonal employees are usually not offered perks like vacation time, bonuses, or health insurance.
If you are a seasonal worker and were injured on the job, you may have questions about how labor laws and workers compensation affects you.
5 Things to Know About Being a Seasonal Employee in Texas
- Labor Laws Still Apply – Seasonal employees are protected by labor laws, just like full-time employees. Businesses are not allowed to sexually harass or discriminate against employees. Workplace health and safety laws still apply.
- Seasonal Employees Must Be Compensated Fairly – Seasonal employees have equal rights when it comes to minimum wages, child labor, and overtime pay. If you are not receiving fair wages, it is important to discuss your situation with an employment lawyer.
- Independent Contractors Are Different – An independent contractor is different from an employee, and can be hired in seasonal roles as an independent part of a team. Independent contractors who perform seasonal work do not usually receive benefits or have their taxes withheld. They are also not covered by workers’ compensation laws.
- Seasonal Employees & Workers Compensation – Seasonal employees have a right to certain benefits under Texas state law. They have a right to workers compensation if their employer carries this insurance coverage. If injured on the job, seasonal employees are eligible to collect workers compensation benefits. If you used a temp agency to find employment, however, then your injury may be covered under the temp agency’s workers compensation insurance. A Texas workers compensation lawyer can help determine which company is liable for your on-the-job injury.
- Seasonal Employees & Taxes – Seasonal employees are still subject to the same tax withholding rules that apply to all other employees, unless they are hired as an independent contractor.
Workplace accidents tend to increase around the holiday season, due to long hours on the job and increased stress levels. If you are looking to benefit from increased employment opportunities this holiday season, it is important to remember that you are protected by both Federal and Texas state employment laws. This includes workers’ compensation. If you are injured on the job, you have a right to collect the benefits you are entitled to.
Are You a Seasonal Employee?
If you are a seasonal employee and have been injured on the job, it is important to know your legal rights. Unfortunately, knowing who to file a claim with can be difficult, which is why you need an experienced Texas workers’ compensation lawyer on your side from the start. Contact the attorneys at David K. Wilson & Associates today at (903) 870-9050 or fill out our confidential contact form and someone will call you back.