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View Full Version : Seasonal (Hourly) Law for Overtime in SC


brandon0409
05-23-2005, 03:15 PM
South Carlina,
I asked a question last night about overtime. I have a completely different question regarding overtime for hourly seasonal employees.

My co-worker called our Human resources officer at the district office and asked about whether we receive overtime for time worked over 40 hours. HR said that since we are seasonal, we do not qualify for overtime even though we are hourly workers.

Is this correct? My understanding from the www.dol.gov is that we are covered under the FLSA laws.

Am I completely mistaken?

Thanks
Brandon

LConnell
05-23-2005, 03:16 PM
There are exceptions to overtime regs for seasonal employees. You can read about it at: http://www.dol.gov/esa/regs/compliance/whd/whdfs18.htm

brandon0409
05-23-2005, 03:36 PM
I pulled this from a page I was sent to by you.

"Employed by" an Exempt Establishment
For purposes of applying Section 13(a)(3), the general principles set forth in IB 779.307 - 779.311 apply. Thus an employee, to be exempt, must be "employed by" the exempt establishment. If the concessionaire and host establishment constitute a single establishment, as is usually the case, the tests apply on the basis of all the operations of the establishment, including those of the concessionaire. Central functions of an organization operating more than one such establishment, as in the case of employees of a central office, warehouse, garage, or commissary which serves a chain of exempt "amusement or recreational" establishments would not be within the exemption under Section 13(a)(3).

Is this still the case?

Brandon

LConnell
05-23-2005, 06:37 PM
Yes. To give an analogy, the employees of a summer camp are not eligible for overtime UNLESS that summer camp is owned by a company that runs a year-round camping equipment business.

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