Holiday Workplace Safety and Workers' Rights: A Guide for Retailers and Employers

As retailers prepare for a busy holiday season, with the National Retail Federation expecting to hire over 500,000 seasonal workers, the US Department of Labor is reminding employers of their responsibility to provide a safe and healthy workplace for all employees, including temporary and seasonal workers. Employers must also take steps to control and prevent the spread of coronavirus, especially in high customer-volume environments, stockrooms, and loading docks. The Occupational Safety and Health Administration (OSHA) is offering resources on holiday workplace safety for warehousing, delivery, and retail workers, as well as guidance on protecting retail workers from coronavirus exposure.

Key Takeaways:

• OSHA is urging employers to ensure proper training for all workers, especially new and seasonal workers, to recognize and prevent workplace hazards.
• Employers must control and prevent coronavirus spread in workplaces, especially in high customer-volume environments, stockrooms, and loading docks.
• The Wage and Hour Division has identified common violations in holiday employment investigations, including failing to pay salespeople and cashiers for time spent prepping or closing out registers.
• Employers must familiarize themselves with federal wage rules to ensure they pay temporary and seasonal workers all of the wages they earned.
• Temporary and seasonal workers are entitled to a workplace free from hazards and to be trained in a language they understand to recognize and prevent hazards.
• Workers deserve dignity and respect from their employers, and employers should ensure payroll practices comply with all minimum wage, overtime, and child labor requirements.

Statistics:

• Over 500,000 seasonal workers are expected to be hired by retailers this holiday season (National Retail Federation).
• OSHA offers resources on holiday workplace safety for warehousing, delivery, and retail workers.
• The Wage and Hour Division has found that failing to pay salespeople and cashiers for time spent prepping or closing out registers is among the most common violations cited in holiday employment investigations.
• The Wage and Hour Division has also found that requiring stock room and warehouse personnel to work through breaks without pay is a common violation.
• Temporary and seasonal workers are entitled to be paid all of their legally earned wages, and employers must familiarize themselves with federal wage rules to comply with this requirement.

Sources:

• US Department of Labor
• National Retail Federation
• Occupational Safety and Health Administration (OSHA)
• Wage and Hour Division
• Acting Wage and Hour Administrator Jessica Looman
• Assistant Secretary of Labor for Safety and Health Doug Parker