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Minimum Wage-Seasonal Employer Ohio

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  • Just Asking 123
    started a topic Minimum Wage-Seasonal Employer Ohio

    Minimum Wage-Seasonal Employer Ohio

    We are classified as a seasonal employer by the state of Ohio. We have the vast majority of our employees paid on a per-shift basis. Most of the time, it equates to far less than minimum wage. I was wondering if this is legal or do we need to make a change in how we pay the staff. Thanks.

  • ArmyRetCW3
    replied
    Minimum Wage-Seasonal Employer Ohio

    I believe that the above FLSA 13(a)3 is applicable to the establisment as stated in the fact sheet;

    General Provisions of Section 13(a)(3) Section 13(a)(3) provides an exemption from the minimum wage and overtime provisions of the FLSA for "any employee employed by an establishment which is an amusement or recreational establishment, 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."

    A determination has to be made first on who is the employer then see if A and B above are applicable. If they are not then the FLSA mw/ot is applicable.

    An employer may have more that one set of operations some that operate the whole yr other that operate part of the yr.

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  • DAW
    replied
    If you click on the cited link, the related factsheet has some pretty specific rules associated with it.

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  • Just Asking 123
    replied
    Thank you

    Well, as a Minor League baseball team, we are clearly seasonal...just depends if we are considered recreational or amusement. My guess is yes.

    Thanks for information.

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  • DAW
    replied
    The starting point is a federal law called FLSA. This law calls for minimum wage and overtime to be paid UNLESS a formal exception can be supported. The word "seasonal" in a federal law concept generally refers to the Exemption for Seasonal Amusement or Recreational Establishments. If all related rules are followed, this exception does provide a possible exception for MW/OT.

    It is possible for Ohio (or other states) to have rules in addition to the federal rules. It is not possible for states to make the federal rules go away. So your starting point is to determine what the federal rules say. The employee's position cannot be any worse then that. The employee would then generally check the state rules. OH is not my state, so I cannot help you there.

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