The Greenville County Recreation Dept. run and operate many facilities throughout the year. Outdoor Swimming pools, 1 year round indoor pool, sports fields, ice skating complex, and they built this new facility called Discovery Island which only opened for the summer. I on the other hand work at this one primarily but all of the GCRD lifeguards are interchangable throughout any of the pools or facilities. Basically if they need me to run the year round iceskating rink one day, I would do that. We are all paid from a large pool of job funds. My current place of work on a regular basis is Discovery Island.

Please help!
I am confused
With what this says below, if I understand it... we are not within the exemption under Section 13(a)(3).

Brandon

"Employed by" an Exempt EstablishmentFor 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).

You work for a municipality, so I do not think it matters that they operate multiple facilities because the operation is under the shield of a munipal governmental function. It sounds like the law applies to a sports chain operating multiple facilities, and not to municipalities operating public sports and recreation areas. You can call the state and get their take on this reading, but municipalities usually have some type of immunity to liability unless they are acting in a grossly negligent manner in most states.