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Minimum Wage Increased

On December 31, 2014, New York's minimum wage increased from $8.00 to $8.75 per hour.  Beginning December 31, 2013, New York State’s minimum wage increased and will continue to increase in a series of three annual changes:

  • $8.00 on 12/31/13
  • $8.75 on 12/31/14
  • $9.00 on 12/31/15

For more information on wage and hour law and the minimum wage increase, please visit the New York Department of Labor website.

Summer Camp Counselors and the Seasonal Establishment Exemption

The Seasonal Establishment Exemption

Summer camp employees typically qualify for Seasonal Establishment Exemption under federal and New York State wage and hour laws. Thus, for the employees who fall under these exemptions, there are no minimum wage or overtime protections available. This post outlines which summer camp employees are exempt from minimum wage and overtime protections.

Federal Law and the Seasonal Establishment Exemption

Fair Labor Standards Act (“FLSA”) Section 13(a)(3) (29 U.S.C. § 213(a)(3)) provides an exemption from the FLSA’s minimum wage and overtime provisions for employees of amusement or recreational establishments, organized camps, or religious or non-profit educational conference centers if either:

  • The establishment does not operate for more than seven months in any calendar year, or
  • During the preceding calendar year, the establishment’s average receipts for any six months were not more than 1/3rd of its average receipts for the other six months of the year.

For purposes of the first test, whether an establishment “operates” during a particular month depends upon whether it operates as a covered establishment during the month. For example, a seasonal camp that is closed to guests but that carries on maintenance operations during a given month is not regarded as “operating” in that month.

For purposes of the second test, the monthly average receipts for the six individual months (not necessarily consecutive) in which receipts were lowest are compared to the monthly average receipts for the six months in which receipts were highest.

For more information, see the U.S. Department of Labor Wage and Hour Division Fact Sheet regarding Seasonal Amusement or Recreational Establishments, available online at:  http://www.dol.gov/whd/regs/compliance/whdfs18.pdf

New York State Law and the Seasonal Establishment Exemption

New York State Labor Law also contains a seasonal establishment exemption which exempts certain summer camp employees from overtime pay, if the employee is engaged as a “staff counselor.” 12 NYCRR § 142-2.14(8). A staff counselor “is a person whose duties primarily relate to the guidance, instruction, supervision and care of campers in a children’s camp, whether such work involves direct charge of, or responsibility for, such activities, or merely assistance to persons in charge. The terms staff counselor includes, but is not limited to: head counselor, assistant head counselor, specialist counselor (such as swimming counselor, arts and crafts counselor, etc.), group or division leader, camp mother, supervising counselor, senior counselor, counselor, general counselor, bunk counselor, assistance counselor, co-counselor, junior counselor, and counselor aide.” Children’s camp is an establishment which “is engaged in offering for children … recreational programs of supervised play or organized activity … for a period not exceeding 17 consecutive weeks during the year.”

For more information, see the New York State Department of Labor Minimum Wage Order for Miscellaneous Industries and Occupations, available online at: http://www.labor.ny.gov/formsdocs/wp/CR142.pdf

Own or operate a summer camp?  Need some forms or other documents prepared?  Contact us today - we can prepare forms and other documents for you on a transparent, flat-fee basis.

Is this Harassment Illegal? | NY Harassment Lawyers

Let our NY Harassment Lawyers help you. We receive many calls from potential clients inquiring whether the harassment they are experiencing at work is illegal.  Most people assume that the harassment is illegal because it is unfair, degrading and/or abusive.  However, NY Harassment Law does not protect employees unless the harassment is severe and pervasive AND is based on a protected characteristic.  This means that we need to be able to prove that the harassment you are suffering at work it a result of your race, gender, religion, disability, age, sexual orientation or other protected characteristic.  If that harassment is not based on one of these protected characteristics, it is not protected by the law.  Unfortunately, the law allows an employee to quit if he is unhappy with the work environment, but it does not protect the employee from the abuse unless the employee can meet the requirements for an intentional infliction of emotional distress claim. Our NY Harassment Lawyers can help you analyze your potential claims.

NYC Unlawful Termination Lawyers
NYC Unlawful Termination Lawyers

If you have questions regarding whether you are suffering illegal harassment, please contact our NY Employment Lawyers.

NY Employment Lawyer

A NY Employment Lawyer may be helpful in assessing any legal issues or claims that you may have in your workplace.  Our NY Employment Lawyers handle many different employment law matters that may be relevant to you, including harassment, discrimination, retaliation, wage and hour and severance.  NY Employment Law, NYC Employment Law and Federal Employment law all protect employees from illegal treatment at work. Let our NY Employment Lawyers help you to know and protect your rights. Our NY employment lawyers can help you with:

If you believe you have been treated unfairly at work for any reason, please contact a NY Employment Lawyer at our firm for a free initial consultation.