Tuesday, May 17, 2011

Seasonal vs Temp employment? What can that mean?

"In the past, a waiver of monies owed for certain non-exempt services normally rendered has been offered to temporary employees who had worked for this institution for more than six months.  Temporary assignments will no longer exceed a six month period and therefore the eligibility requirement for this benefit can no longer be met."
In this hypothetical, the institution is on a 2 period seasonal cycle,  Allways: one lasting from January 1st to June 30th, the second from July 1st to December 31st. Both periods are longer than 180 days (6 months) by either 2 or 3 days - depending on which period you are analyzing.

Is this what the state intended, in this case, let's say Illinois?

In my opinion, if you are hired from period to period consecutively, then those benefits should remain intact.  It just looks like nit-picking into a loop-hole.  However, this loop-hole could back fire, when we look at how long 6 months is as opposed to the actual hiring period days. Legally, 6 months is shorter than either seasonal period, as described = 6 months = 180 days.  In Illinois, legally, 6 months MEANS 180 days; and there are ZERO exceptions to this.  6 months is used colloquially, 180 days is used contractually.

Really.

If your institution is trying things like this, report in here.  It seems to run askew of the intent of most state Labor practices expected of businesses - profit or non-profit.

An Aside:


In the case of Illinois, if you work for ANY business that hires 10 or more FULL time employees, generally, the following must apply:

[The following was supposed to have been voted on (again, using Illinois as the example) in 2007-2009.
I do not know if this has passed either the House or Senate at this point:]

Full-time Minimum pay must be equivelent to 450.00 per week , no matter hours scheduled
Part-time Minimum pay must be 225.00 per week, regardless of hours scheduled
Temporary employees must be converted AUTOMATICALLY to Part-time employees once they reach either 5 consecutive years of employment or 7 years of CUMULATIVE employment regardless of release conditions (they could either have quit or have been fired previously)
Seasonal employees are to be AUTOMATICALLY converted to Part-time Employees after 7 CUMULATIVE years of employment (including any and all previous conditional employment - either cumulative or consecutive, full, part, or temp, or even contractual - as in a case where a contracted faculty might wan to transition to a clerical or managerial staffer, etc.)
Employment "Fractures" (non procedural, such as computer or programming malfunctions, obvious clerical errors such as being "fired" on a Saturday then being "re-hired" aministratively on a Sunday, all clerically corrected after said dates) do not count to nor against employment time served when adding for CUMULATIVE time, and do NOT count AGAINST an employee when calculating CONSECUTIVE time accrued.

Does this sound like a good law to be passed? Has it passed? In any state? Report here!
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