Seasonal Employees
Elizabeth
26 Posts
Do we have to pay overtime to seasonal employees when they work more than 40 hours per week? I think there is some provision of FLSA (or maybe it's a state law) that says we can 'average' the hours over a certain period of time. Please point me to a reference on this if possible. I'm certain that the big amusement parks use this rule to keep from paying seasonals OT.
Comments
"(3) any employee employed by an establishment which is an amusement or recreational establishment, organized camp, or religious or nonprofit educational conference center, if (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33 1/3 per centum of its average receipts for the other six months of such year, except that the exemption from sections 206 and 207 of this title provided by this paragraph does not apply with respect to any employee of a private entity engaged in providing services or facilities (other than, in the case of the exemption from section 206 of this title, a private entity engaged in providing services and facilities directly related to skiing) in a national park or a national forest, or on land in the National Wildlife Refuge System, under a contract with the Secretary of the Interior or the Secretary of Agriculture..."
There are some ways to use fluctuating workweek to accomplish a certain degree of averaging (see our Special Report [link:www.hrhero.com/special.shtml#overtime|"Defusing the Overtime Bomb: How to Comply with the FLSA"] for details), but it's not really aimed at seasonal employees.