Original Author: Shechter, Leslie
Date of Material: 03/19/1993
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.
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.