Volunteers at seasonal events don’t get FLSA protection — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Volunteers at seasonal events don’t get FLSA protection

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The Fair Labor Standards Act (FLSA) carves out several special circumstances under which the FLSA does not apply.

One of these applies to seasonal amusement establishments.

As the following case shows, that includes an annual baseball “fanfest,” that relies on volunteers for success.

Recent case: John volunteered to work at Major League Baseball’s “fanfest” held in conjunction with the annual midseason All-Star game. John sued, alleging he was really an employee and should have been paid at least minimum wage.

The company running fanfest disagreed, noting that the FLSA carves out an exception from coverage for seasonal amusement establishments. The court agreed, noting that “fanfest” was seasonal and clearly was created as a temporary amusement place. The case was dismissed. (Chen v. Major League Baseball, et al., No. 14-1315, 2nd Cir., 2015)

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