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OSHA issues reminder on the rights of seasonal workers

During the last quarter of the year, many South Carolina employers hire part-time or temporary employees to help handle the holiday rush. However, some employers may not be aware of the regulations surrounding seasonal employment.

To help ensure seasonal employees are treated fairly, the U.S. Department of Labor's Occupational Safety and Health Administration and Wage and Hour Division sent out a safety and pay reminder to employers. The reminder tells employers to take precautions to ensure that workers stay safe while managing crowds of customers at sales events. It also encourages employers to look for and correct potential safety hazards around work sites, whether they be on the sales floor, in the warehouse or in the transportation department.

The Occupational Safety and Health Act of 1970 mandates that employers provide seasonal and temporary workers the same safe and healthful workplace that they provide full-time workers. In addition, the Fair Labor Standards Act mandates that seasonal workers be paid all wages they have legally earned. That means they must receive at least the federal minimum wage and overtime if they work more than 40 hours in a single workweek.

South Carolina workers who suffer an on-the-job injury are eligible to apply for workers' compensation benefits while they recover. These benefits pay medical expenses and a portion of a worker's salary while he or she is unable to work. However, in some cases, it may be advisable to file a personal injury lawsuit instead. An attorney familiar with workers' compensation claims might review the case and advise the best course of action. The attorney may also help prepare the workers' compensation application and push for the worker to receive the maximum settlement amount allowable. Injured workers might learn more about their legal options by contacting an attorney as soon as possible.

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Smith & Griffith, LLP
1102 North Main Street
Anderson, SC 29621

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