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Managing a Younger, Seasonal Staff Without the Legal Snags

07/06/11

Most of us welcome the beautiful, balmy days of summer, but the season is not without its HR challenges: juggling multiple employee vacation schedules, keeping your staff focused when summer fun beckons and managing temporary, teen employees.

If you rely on teen workers during the busy summer months, you need to be aware of certain issues that can arise with a younger staff. Taking the proper precautions will help you get the most out of your summer hires, without the HR headaches.

The four main HR “hot buttons” with a less-seasoned, seasonal staff are:

  • Sexual harassment, particularly when clothing and conduct relax

Preventing sexual harassment is a priority year-round, but it takes on added importance during the “easy, breezy” days of summer. This is a good time to review your company’s dress code policy and specify what’s acceptable. Don’t assume that employees will use their better judgment when it comes to certain clothes (and how much skin they expose). Are shorts, capris, tank tops, sundresses, sandals, flip-flops, hats and other warm-weather staples allowed?  And what if employees show up to work wearing something inappropriate? Will you send them home immediately, or give them a warning?

Keep in mind, too, that teens may be particularly vulnerable to harassment. Because they are younger and less experienced, they may be reluctant to stand up to questionable behavior. Or they may feel they don’t have the right to complain about a colleague, especially one in a more senior position. Working teens need to know what harassment looks and sounds like, as well as what resources are available to them if they are victimized.

  • Child labor laws that support and protect young workers

If you employ minors (18 years of age or younger), you must follow specific rules regarding the hours and types of jobs they can work, based on Fair Labor Standards Act (FLSA) guidelines. You also are responsible for providing a safe, accident-free workplace for them.

According to the Department of Labor (DOL):

The rules vary depending upon the particular age of the minor and the particular job involved. As a general rule, the FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours worked by minors under the age of 16.

Also, the FLSA contains a number of requirements that apply only to particular types of jobs (for example, agricultural work or the operation of motor vehicles) and many exceptions to the general rules (for example, work by a minor for his or her parents).

  • Employees calling out “sick” and other productivity drainers

While the beach, backyard or pool may be appealing, the fact remains that you’re running a business and need attentive, reliable help. Don’t wait until you have an attendance problem on your hands before taking a stand.

Your employee attendance policy should be in writing, included in your employee handbook and communicated with your entire staff (full-time, part-time, seasonal). In your policy and with new-hire training, explain the rules regarding chronic lateness and absenteeism and what the repercussions will be (verbal warning, written warning, dismissal). Then, be certain to apply the rules consistently. You may be courting a discrimination lawsuit if you discipline some employees for poor attendance, while ignoring the time-management habits of others.

Speaking of company policy, do you have clear rules for voice mail, email and Internet use? With an appropriate policy in place (and, again, thoroughly communicated), you can monitor these mediums and prohibit non-business related exchanges. You’ll also want to let your teen employees know the limits on personal phone calls and texting – two huge temptations for most Gen Y workers.

  •  Hot-weather maladies like dehydration and heat stroke

Employees who work outdoors or in confined spaces with limited cooling or air conditioning are at risk for heat-related illnesses. Per OSHA standards, protect your workers from heat stroke and other extreme temperature hazards by:

  • Providing shelter from the sun and allowing employees to take regular cool-down breaks
  • Making water readily available
  • Knowing the symptoms of heat-related illnesses
  • Keeping first aid supplies on-hand at all job sites
  • Educating employees on the dangers of rising temperatures with workplace postings and handouts