The New York State Legislature is working on a bill that may eliminate overtime pay for seasonal fair workers. Employees of "Amusement or Recreational establishment' or those who are employed on county grounds or an agricultural fairground, working for an employer which does not perform business for more than seven months of a calendar year are not including in the NY state overtime compensation requirements legislation.
The overtime compensation legislation will cover all seasonal employees working at the New York State Fair who are employed as ride attendants, midway workers, or clean up crews. It will not affect those who are covered under collective bargaining agreements. Essentially the legislation if passed before each house will limit the amount of compensation every seasonal worker in the state or county fair who work more than 40 hours per week.
The proposed legislation came into play after a lobbying effort by the NY State Association of Agricultural Fairs, a trade group for those companies running exhibits and concessions at fairs. The proposed legislation was established to increase profits of the exhibitors. The lobbyists claim that overtime pay is a ‘burden' to the businesses that run exhibits and concessions. They also claim that safety will be increased by limited the amount of overtime pay seasonal workers are entitled to receive.
The proposed legislation is not likely to get any votes during this current session but will remain through next session when industry lobbyists are likely to move forward with their efforts to see the passing of the bills to law.