When Are Seasonal or Recreational Workers Legally Entitled to Overtime Pay?

When Are Seasonal or Recreational Workers Legally Entitled to Overtime Pay?When it comes to seasonal or recreational workers and overtime pay, the already complicated laws become more complex. There are several exemptions that apply to seasonal and recreational workers, which limit such workers’ entitlement to overtime pay.

What Is Overtime Pay?

The Fair Labor Standards Act (FLSA) requires non-exempt employees to receive overtime pay for hours worked over the regular forty-hour workweek. The overtime rate must be time and one-half of the employee’s regular wage.

An employee is not entitled to overtime pay just because he or she works on a Saturday, Sunday, or other day of rest. However, if the work that the employee is doing on a day of rest causes the employee to go into overtime, then overtime pay is required. The FLSA establishes a workweek as seven consecutive twenty-four hour periods. The workweek does not have to coincide with the calendar week. It can start on any day of the week, but it must be seven straight days and remain constant from week to week.

Certain employees are exempt from overtime pay laws outlined by the FLSA, including seasonal and recreational workers that meet specific requirements. However, there are still some exceptions to this rule.

Who Qualifies as a Seasonal or Recreational Worker?

Recreational workers are employed at physical establishments where recreational operations are carried out. Seasonal workers are those hired on for a busy season, such as summer at an amusement park.

Who Qualifies Under the Exemption?

To be exempt from the minimum wage and overtime provisions outlined by the Fair Labor Standards Act, establishments must meet several requirements. The requirements include: 

Less than Seven Months of Operation

The establishment must not operate for more than seven months in a single calendar year. If the establishment is running for less than seven months each year, and its activities in the off-season only consist of maintenance or ordering supplies, the exemption applies.

33 ⅓ Percent Test

The monthly average from the smallest receipts for any six month period must be averaged with the monthly average from a six month period where the receipts were the largest. These two averages are then compared to determine whether the test is met. In other words, if the smaller average does not exceed 33⅓% of the larger average, the exemption applies.

What the Exemption Means

If the exemption applies to the establishment, employees who work for the seasonal or recreational establishment are exempt from overtime payments. The FLSA lays out these laws.

Establishments that do not meet these requirements do not receive the exemption, and the regular overtime laws apply. If you believe your employer may have violated these laws, contact an attorney who is focused on protecting workers’ rights for assistance.

Consult with a Workers’ Rights Attorney at the Lore Law Firm Today

If you believe you have a claim or that your employer violated your rights as provided in the FLSA, you should seek the assistance of a workers’ rights attorney. Laws surrounding overtime pay and seasonal or recreational workers are complex.

Enlisting the help of a talented attorney, such as anyone on the experienced team at the Lore Law Firm, is a wise idea. They can help you navigate overtime laws regarding seasonal and recreational employees and assist you in recovering any lost wages. For a free review of your situation, fill out their online contact form or call 713-782-5291 today to begin.

Client Reviews


A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.


After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.


We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

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