North Vernon, IN asked in Employment Law for Indiana

Q: If a seasonal employee is kept on working after the business season ends are they entitled to overtime

I was hired as a seasonal employee for an amusement park last June. The park closed for the season in October but I have continued to work 40+ hours a week through the winter and am now working 50 hours a week and they say because I’m seasonal I am not entitled to time and a half for my hours over 40.

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1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
Answered

A: Whether you're entitled to overtime will depend on whether the amusement park is open year-round, and/or when the amusement park makes most of its money. Employees do not need to be paid overtime if their employer is an amusement or recreational establishment, and if the employer can demonstrate that (A) it does not operate for more than seven months in any calendar year; or (B) during the preceding calendar year, its average revenue for any six months of the year accounted for not more than 33.3% of its average revenue for the year.

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