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Seasonal Work Wages--Oklahoma

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  • Seasonal Work Wages--Oklahoma

    Hi! My 16 y/o son recently took a seasonal job at the local theme park. His boss told him that they don't pay over time, even though he's worked a couple of 12 hour days. Once school is out for summer, I'm sure he'll be working more than 40 hours/wk. What are the wage requirements for a seasonal employee in OK? Thanks!

  • #2
    Federal law has some very strange overtime exemptions. One of them is that seasonal workers at amusement parks are exempt from overtime.

    Unless OK has a state law that overrides this, and I doubt that they do (Patty?) the employer is correct.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      FLSA 7-Month or less requirement

      From the FLSA that apparantly covers this (29 CFR 779.385): "...which are open for 7 months or less a year..."

      The park in question opened March 29th and closes the day after Halloween night festivities...31 Oct. It's also only open weekend while school is in session. To a lay person like me, this seems to exceed the 7-month provision, if just barely. Do they appear to be in violation?

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      • #4
        This is outside of my area of expertise, but what source material I have on the subject agrees with the OP. I have maybe 6 cases mentioned but none of them act as an exception to the 7 month rule.

        Of course, at the end of the day, no one's opinion but federal and state DOL matters. I am going to suggest that the OP read the following fact sheet and maybe contact federal DOL and ask them.

        http://www.dol.gov/esa/regs/compliance/whd/whdfs18.pdf
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          That explains the other exepmtion much better. The 2/3rds rule is likely the one they're using. Thanks.

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