Seasonal employees

[font size="1" color="#FF0000"]LAST EDITED ON 03-25-05 AT 11:20AM (CST)[/font][br][br]We have a number of seasonal employees who work on the golf course 9 or 10 months out of the year. Are there any legal requirements to have these employees fill out new withholding forms or I-9's when they start a new season?

Comments

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  • Do you actually terminat their employement during this down time and then rehire them?
    If so, then the US Dept of Justice says....

    Reverifying Work Authorization for Current and Rehired Employees

    An employer can reverify a current employee’s employment authorization on the original I-9 form or a new I-9 form when necessary. If a new form is used, the employer should note the employee’s name in Section 1, complete Section 3 and attach the new form to the original I-9 form. The employee must present documentation showing an extension of his or her employment authorization or new work authorization.

    When an employer rehires an employee, the employer must verify that the employee still possesses work authorization. Depending on the circumstances, the employer may complete a new I-9 form or reverify/update the original form using Section 3.

    If a rehired employee’s basis for employment eligibility has changed/expired, the employer must reverify. In order to reverify a rehired employee, the employer must record the following on the I-9 form:

    • Date of rehire.

    • Document title, number and expiration date of reverification documentation form List A or C originally presented.

    • Sign and date Section 3.

    It would benefit an employer to create a system that will produce reminders when an employee’s work authorization document is due to expire. Early notice of expiration will give employees adequate time to renew authorization. Employees should usually reapply for work authorization 90 days before the expiration date.

    Updating Work Authorization for Rehired Employees

    If a rehired employee’s basis for employment eligibility has remained the same as indicated on the I-9 form, the employer must still perform an update. When updating rehire documentation, employers should record the rehire date and sign and date Section 3. If a new I-9 form is used, the employee’s name should be written in Section 1 and attached to the original I-9 form.




  • GREAT info, Dutch! xclap We have one employee that has worked for us every winter for at least 10 if not more years, and he farms the rest of the year. I believe we make him "inactive" in the payroll system, so I just leave his original I-9 in the file. We don't actually terminate him.
  • HRCALICO: Is there an alien, foreign national issue here or are these seasonal employees US Citizens? If there is a work permit involved you will need to reverify that it remains current!

    PORK
  • Good point, Pork, thanks. I'm dealing with citizens.
  • HRCALICO: OK, then it appears that your situation could go with either a Temporary hire and "lay off"/"termination" or possibly, "contract labor", which depends on how often they are gainfully employed and assigned work to be done.

    Our Contract labor for land maintenance is paid based on an invoice and payment, a 1099 is issued at the end of the summer long contract. Our temporary work force is hired, assigned work, and terminated, based on seasonal needs. WC and Unemployment is processed according to the situation with these employees. Other benefits are offered and applied based on each situation and circumstance. Our computer and payroll system will allow for an employee to be on NO PAY DUE STATUS, but it does not prevent the employee from going to the UE office and applying for UE, because the ee is in fact "laid off" and recalled, when we need them. These seasonal employees that remain on the roles are available for all sorts of working opportunities during the year and really give us a pool of trained employees, that are available subject to recall when we need them. Most of these employees over time will be picked up as full time employees and taken off of the emergency seasonal rolls.

    There are no foreign nationals in our set of temporary seasonal workers. We are soon going to be doing the telephone calling and hope to be able to pick some of them up, but most will no longer be available. When we do, we will simply re-issue a new time card and check to see if their I-9s are current and valid and their tax forms are current. Additionally, we get in writing instructions on how they want to be paid.

    PORK
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