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View Full Version : Lifeguard Overtime and Holidy Pay? Maryland


kabubbies
07-05-2006, 11:02 PM
Just curious about the law when it comes to summer only, hourly, lifeguards in Maryland. My company employees about 50 people all but two are hourly and summer only. Should we be getting overtime for over fourty hours a week and what about federal holidays such as July 4th, should that be time and a half as well? Thanks!

turbowray
07-06-2006, 12:45 AM
Just curious about the law when it comes to summer only, hourly, lifeguards in Maryland. My company employees about 50 people all but two are hourly and summer only. Should we be getting overtime for over fourty hours a week and what about federal holidays such as July 4th, should that be time and a half as well? Thanks!
I would imagine if you are a salaried employee,if it is not stated on your contract,you should not be entitled to overtime or time and a half on holidays. Please wait for another senior member that can give you more information on this. PattyMD and CBG are very knowledgable in this area!

Pattymd
07-06-2006, 04:36 AM
OP, if you are a lifeguard, you are not an exempt employee (regardless of whether you are paid "salaried" or "hourly". It possible that you MAY be exempt from the overtime provisions of the FLSA, however. Is the employer private or public (like a city or county)? If private, is the employer in business year-round?

For holiday pay, see here:
http://www.laborlawtalk.com/showthread.php?t=124353

kabubbies
07-06-2006, 11:38 AM
It is a private business that is run year round (all though in the winter it only has two employees). I am not one of those employees. I am paid hourly and have to be re hired each summer.

Pattymd
07-06-2006, 11:53 AM
My opinion is that you are eligible for overtime then. You can file a claim with the federal Dept. of Labor. I would have said the MD DOL, but they seems to not be taking claims lately because they are unfunded. :( They will investigate and determine if, for some obscure reason, the employer is exempt from the overtime provision of the FLSA due to being a seasonal employer. If they aren't, then they will order the employer to pay. This may take a while, though, so you're going to have to be patient. You have nothing to lose by filing the claim.

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