Seasonal workers are individuals employed for a specific period or season, typically to meet the increased labor demands during peak times in certain industries. In Michigan, seasonal work is common in industries such as agriculture, where workers are needed during planting and harvest seasons, tourism, where additional staff is required during busy vacation periods, and retail, which often hires extra employees for the holiday shopping season.

The duration of employment for seasonal workers is usually temporary, lasting anywhere from a few weeks to several months, depending on the needs of the employer. Seasonal workers are distinct from full-time employees in that their employment is tied to a particular season or project rather than ongoing, year-round work.

It’s also important to distinguish between seasonal employees and independent contractors. Seasonal employees are typically considered part of the company’s workforce and are entitled to certain protections under labor laws, such as minimum wage and overtime pay. Independent contractors, on the other hand, operate their own businesses and provide services to companies under contract. They are generally not entitled to the same protections as employees, such as unemployment benefits or workers' compensation.

Importance of Proper Classification

Proper classification of workers is crucial because it determines the rights and benefits to which they are entitled. When employers misclassify seasonal workers as independent contractors or temporary hires, it can lead to a lack of access to important protections and benefits, such as health insurance, overtime pay, and unemployment benefits.

Misclassification can have significant implications for workers, including:

• Loss of Benefits: Misclassified workers may be denied benefits like health insurance, paid leave, and workers' compensation, which they would be entitled to as employees.
• Lack of Wage Protections: Employees misclassified as independent contractors might not receive the minimum wage or overtime pay, which can lead to wage theft and exploitation.
• Tax Implications: Misclassified workers may also be improperly taxed, leading to potential legal and financial consequences.

Wage and Hour Protections

Minimum Wage Requirements

In Michigan, all workers, including seasonal employees, are entitled to receive at least the state-mandated minimum wage. As of 2024, Michigan’s minimum wage is set at $10.10 per hour, with some exceptions for specific worker categories, such as tipped employees who may have a lower minimum wage. Seasonal workers, regardless of the industry they work in, must be paid at least this hourly rate for all hours worked.

There are some exemptions and special conditions that apply to certain types of seasonal work. For example, agricultural workers may have different wage regulations depending on the size of the farm and the nature of the work. Additionally, workers under the age of 18 may be paid a lower minimum wage, known as the “training wage,” during their first 90 days of employment. However, it’s important to note that even these exemptions must comply with federal and state labor laws, ensuring that workers are not unfairly compensated.

Overtime Pay

Seasonal workers in Michigan are also entitled to overtime pay under the Fair Labor Standards Act (FLSA) when they work more than 40 hours in a workweek. Overtime pay is calculated at one and a half times the worker’s regular hourly rate, commonly referred to as “time-and-a-half.”

It’s important for seasonal workers to understand that overtime pay applies regardless of whether they are classified as full-time, part-time, or seasonal employees. However, there are some exceptions, particularly in certain agricultural and recreational industries where different rules may apply. For example, small farms with fewer employees may be exempt from paying overtime, and workers at seasonal amusement parks or recreational establishments may also be exempt under specific conditions.

Common misconceptions about overtime include the belief that seasonal or part-time workers are not eligible for overtime pay, or that employers can avoid paying overtime by simply classifying additional hours as “voluntary.” These misconceptions can lead to potential violations of overtime laws by employers. If a seasonal worker believes they are not being paid the overtime they are owed, they should document their hours and seek legal advice to determine their rights and options.

Wage Theft and Reporting Violations

Wage theft is a serious issue that can affect seasonal workers, particularly in industries where labor laws may be less strictly enforced. Wage theft occurs when an employer fails to pay workers the full wages they are owed, which can take many forms, including:

• Unpaid Overtime: Not paying workers the overtime rate for hours worked beyond 40 in a workweek.
• Illegal Deductions: Deducting money from a worker’s paycheck for reasons not permitted by law, such as for uniforms or equipment.
• Failure to Pay Minimum Wage: Paying workers less than the legal minimum wage, or not compensating them for all hours worked.

Health and Safety Protections

Workplace Safety Standards

Workplace safety is a critical concern for all employees, including seasonal workers. The Occupational Safety and Health Administration (OSHA) sets regulations that apply to various work environments, ensuring that all workers, regardless of their employment duration, are protected from hazardous conditions. This is especially important in high-risk industries like agriculture, construction, and manufacturing, where seasonal workers are often employed.

OSHA regulations cover a wide range of safety concerns, including proper use of equipment, exposure to hazardous substances, and the need for protective gear. For example, in the agricultural sector, OSHA standards may include guidelines on safe pesticide use, machinery operation, and preventing heat-related illnesses. Employers are legally required to comply with these regulations to minimize risks and ensure a safe working environment for all employees.

Seasonal workers have the right to a safe workplace and should be informed about the potential hazards associated with their job. Employers are responsible for providing adequate training on safety protocols, supplying necessary protective equipment, and maintaining safe working conditions. If a worker identifies unsafe practices or conditions, they have the right to report these concerns without fear of retaliation. Workers can file a complaint with OSHA, which will investigate the issue and, if necessary, take action to correct the unsafe conditions.

Workers’ Compensation for Seasonal Workers

In Michigan, seasonal workers are generally eligible for workers’ compensation benefits if they are injured on the job. Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. This coverage is crucial for seasonal workers, who may be at greater risk of injury due to the physical demands of their jobs, especially in industries like agriculture or construction.

To qualify for workers’ compensation, the injury or illness must be directly related to the worker’s job duties. The process for filing a claim typically involves notifying the employer of the injury as soon as possible, seeking medical treatment, and completing a workers’ compensation claim form. Employers are required to report the injury to their insurance carrier, who will then evaluate the claim and determine the benefits to be provided.

If a seasonal worker’s claim is denied, they have the right to appeal the decision. Denials can occur for various reasons, such as disputes over whether the injury is work-related or whether the worker is classified correctly. In such cases, it is advisable to consult with an attorney who specializes in workers’ compensation law to help navigate the appeals process and ensure that the worker receives the benefits they are entitled to.

Access to Benefits

Unemployment Benefits for Seasonal Workers

Seasonal workers in Michigan may be eligible for unemployment benefits during periods when they are not working, such as the off-season. However, eligibility for these benefits can be more complex for seasonal workers compared to full-time, year-round employees.

To qualify for unemployment benefits in Michigan, seasonal workers must meet certain criteria:

• Sufficient Earnings: Workers must have earned enough wages during the "base period," which is the first four of the last five completed calendar quarters before the claim is filed. The earnings requirement ensures that the worker has had significant attachment to the workforce.
• Active Job Search: Seasonal workers must be actively seeking new employment while claiming unemployment benefits, even if they intend to return to their seasonal job when the next season begins.
• Availability for Work: Workers must be available for work and able to accept suitable employment if offered.

One key consideration for seasonal workers is that the length of time they can receive unemployment benefits may be limited by the seasonal nature of their work. For example, if a worker’s employment is traditionally tied to a specific season, the Michigan Unemployment Insurance Agency (UIA) may reduce the number of weeks they are eligible for benefits. Additionally, workers must be aware that if they decline offers of suitable work outside of their regular seasonal employment, it could affect their eligibility for unemployment benefits.

Access to Health Benefits

Health benefits can be a significant concern for seasonal workers, who may not have the same access to employer-provided health insurance as full-time employees. However, there are several options available to ensure that seasonal workers can access necessary healthcare.

• Employer-Provided Benefits: While some employers offer health benefits to seasonal workers, this is not always the case. The Affordable Care Act (ACA) requires employers with 50 or more full-time equivalent employees to provide health insurance to those working 30 or more hours per week. However, many seasonal workers do not meet these criteria or work for smaller employers who are not subject to this requirement.
• Affordable Care Act (ACA) Marketplace: Seasonal workers who do not receive employer-provided health insurance can explore options through the ACA Health Insurance Marketplace. The Marketplace offers a variety of health insurance plans, and workers may qualify for subsidies to reduce premium costs based on their income. Open enrollment periods typically occur annually, but special enrollment periods may be available if a worker loses other coverage.
• Medicaid and CHIP: Low-income seasonal workers may qualify for Medicaid, a state and federal program that provides free or low-cost health coverage. Additionally, the Children’s Health Insurance Program (CHIP) offers coverage for the children of qualifying workers. Eligibility for these programs is based on income, and workers can apply at any time.
• Special Programs and Resources: Michigan offers additional resources to help seasonal workers access healthcare. For example, the Michigan Department of Health and Human Services (MDHHS) provides information on free or low-cost clinics, community health centers, and other programs that can assist with healthcare needs.

Contact Marko Law

At Marko Law, we are committed to helping seasonal workers in Michigan understand and protect their legal rights. If you have questions or concerns about your employment situation, we offer a free consultation to discuss your case and explore your legal options. To get started, contact us today:

• Phone: 1-833-MARKO-LAW | 1-313-777-7LAW
• Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
• Website: https://www.markolaw.com/

Understanding and protecting the rights of seasonal workers in Michigan is essential for ensuring fair treatment and preventing exploitation. If you or someone you know is facing unfair treatment in the workplace, don’t hesitate to take action. At Marko Law, we are here to help you navigate the legal system and secure the justice and compensation you deserve. Your rights matter—reach out to us today to learn how we can assist you in safeguarding them.