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Seasonal Employment

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louise6109

Junior Member
What is the name of your state? NY
Can a seasonal employee be employed year round, without the position being made into a full time year round position. Or do they have to lay off their employees for a short period in the course of one year.
 


Beth3

Senior Member
An employer may categorize an employee any way they wish. They can call someone who works 50 hours/week three years straight seasonal part-time if they want to. The only thing an employer can't do is purposefully misclassify an employee so as to avoid offering participation in their benefit plans, particularly group health benefits and retirement plan.

If, for example, the employer's retirement plan defines eligible employees as those who regularly work 40 hours week and are hired on an indefinite basis (i.e. not for a limited period of time) and has a group of employees who meet that criteria and haven't included them in the retirement plan, they're treading on very thin ice even if they haven't puposefully misclassified them.
 

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