Some additional exemptions — Wages/Hours

The white-collar exemptions are not the only exemptions from the FLSA’s minimum wage and overtime pay requirements. Other employees exempt from both the FLSA’s minimum wage and overtime provisions include employees of seasonal amusement or recreational "establishments", if either:

1. the facility does not operate as an amusement or recreational establishment for more than seven months in any calendar year

2. during the preceding calendar year its average receipts (fees from admissions) for any six months of such year were not more than one third of its average fees from admissions for the other six months.

However, central functions of an organization operating more than one such recreational or amusement establishment – as in the case of employees of a central office, warehouse, garage, or commissary which serves a chain of exempt “amusement or recreational” establishments – would not be within the exemption.

Whether or not a seasonal amusement or recreational establishment qualifies for this exemption is a fact‑specific determination that needs to be examined on a case‑by‑case basis.

Example - A free-standing outdoor pool facility open only between Memorial Day and Labor Day might qualify as a recreational establishment, whereas an outdoor...

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