Seasonal and recreational employees are sometimes entitled to overtime pay. Generally, these workers can receive OT pay under the Fair Labor Standards Act (FLSA) if they are non-exempt. However, there are overtime pay exemptions for various seasonal amusement and recreational establishments.
Get legal help if you work as a seasonal or recreational employee and believe you are entitled to overtime pay that you are not receiving. A Boston wage theft and overtime pay dispute lawyer can assess your case. If warranted, they can take legal action against your employer and help you get money for your OT pay.
When are Seasonal and Recreational Employees Entitled to Overtime Pay?
Seasonal and recreational employees are entitled to overtime pay if they are covered under FLSA and as long as they don’t work for a specific exempt establishment, like an amusement park or an organized camp.
Most non-exempt seasonal and recreational workers will get OT pay calculated as 1.5 times their regular wage for all hours beyond 40 in a workweek. Yet, state and local laws may impose additional overtime requirements.
Talk with a wage theft and overtime pay dispute attorney if you work more than 40 hours weekly as a seasonal or recreational employee but don’t get OT benefits. Your lawyer can discuss the most common overtime violations with you. Depending on the circumstances of your situation, your attorney may seek compensation for you as part of a claim against your employer.
For a free legal consultation, call (860) 999-9394
How Can Seasonal and Recreational Employees Get OT Pay?
Consult with a labor and employment lawyer with experience handling overtime pay disputes. Your attorney will consider your overtime wages and the Fair Labor Standards Act. If you are entitled to overtime pay as a seasonal or recreational employee but have not been receiving it, your attorney can pursue compensation from your employer on your behalf.
Review the overtime laws for the state where you work as a seasonal or recreational employee. For example, if you work in Boston, you and your lawyer can evaluate Massachusetts’s overtime laws in depth. If your employer has violated your state’s OT laws, your attorney can prepare an argument to prove this point. This will boost your chances of getting OT pay from your employer.
As your OT pay dispute moves forward, track your pay stubs. There are times when labor and employment lawyers will advise their clients to sue their employer for back pay relating to overtime law violations. If your case requires a trial, your attorney can use your pay stubs in conjunction with other evidence to show that you deserve compensation for your overtime pay.
Overtime Pay Factors for Seasonal and Recreational Employees to Consider
Certain exemptions can keep seasonal and recreational workers from getting overtime pay. Below are seasonal amusement and recreation overtime pay exemptions that may apply to your case.
7-Month Test
Seasonal and recreational establishments that are operational for less than seven months out of the year may be exempt from overtime pay requirements. Thus, if you work as a summer camp counselor or are employed by a company strictly during the holiday season, you may not be entitled to OT pay.
33 1/3% Test
An establishment’s average receipts for any six months of the preceding calendar year do not exceed 33 ⅓% of the average receipts for the other six months of the current year. In this scenario, the establishment may be exempt from having to provide overtime pay to its seasonal and recreational employees.
The Definition of an Establishment
For an establishment to be exempt from giving overtime pay to its seasonal and recreational workers, it must have a distinct physical location for its operations. For instance, a swimming pool can be considered an establishment. Since a pool may be open only a few months a year, it can be exempt from overtime pay requirements for its seasonal and recreational workers.
Just because your employer claims you are ineligible for overtime benefits does not mean that this is the case. An employment lawyer will give your case their undivided attention. They will explain your legal options and answer any questions you have about overtime pay laws. If you are entitled to OT pay but aren’t getting it, your attorney will advise you to proceed with a claim.
Click to contact our labor & employment lawyers today
Do Not Wait Any Longer to Request Overtime Pay for Your Work as a Seasonal or Recreational Employee
You work hard in a seasonal or recreational job, putting in more than 40 hours a week whenever possible. Despite this, your employer chooses not to pay you for overtime. Let an employment attorney examine your case. Your lawyer will determine your eligibility for OT pay. If you are entitled to this pay, your attorney will put you in a great position to get it from your employer.
The team at Duddy, Goodwin & Pollard has years of experience helping seasonal and recreational employees and many others in overtime pay dispute cases. Our lawyers have a tireless work ethic and think outside the box so we can serve our clients in any way we can.
Allow us to assist you as you try to get OT pay. Contact us today to get started.
Call or text (860) 999-9394 or complete a Free Case Evaluation form