Knowledgebase-Pay for Seasonal Employees


Information Product

Title:Pay for Seasonal Employees
Summary:MTAS was asked whether the City could pay umpires, scorekeepers, and others working just the summer months by the game rather than hourly wages or a specific salary.
Original Author:Shechter, Leslie
Co-Author:
Product Create Date:03/19/93
Last Reviewed on::09/11/2017
Subject:Personnel--Compensation
Type:Legal Opinion
Legal Opinion:

Reference Documents: USDOL Fact Sheet #18 - Seasonal Amusement and Recreational Exemption.pdfUSDOL Fact Sheet #18 - Seasonal Amusement and Recreational Exemption.pdf

Text of Document: **See Attached Document: USDOL Fact Sheet #18**

March 19, 1993

You have asked about legal requirements regarding pay for seasonal employees. Specifically, you asked whether the City could pay umpires, scorekeepers and others working just the summer months by the game rather than hourly wages or a specific salary. The answer is yes.

Under Section 13(a)(3) of the Fair Labor Standards Act (FLSA), seasonal employees are exempt from the minimum wage and overtime requirements if they meet certain tests. One of the tests is that a seasonal employee is someone that works in a "recreational establishment" that does not operate for more than seven months in any calendar year. I am enclosing a copy of some material that discusses this exemption in detail.

I want to emphasize that we are talking about people that do not otherwise hold positions with the City. If they hold a position with the City and moonlight by being umpires or scorekeepers, then you would not be able to avoid the overtime compensation provisions of the FLSA.

In my opinion you may pay these umpires or scorekeepers or others working the ballfield by the game or by the hour. If you have any additional questions please call. Thanks for asking MTAS to help.
Sincerely,

Leslie Shechter
Legal Consultant

Please remember that these legal opinions were written based on the facts of a given city at a certain time. The laws referenced in any opinion may have changed or may not be applicable to your city or circumstances.

Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.