Do seasonal workers have to be paid minimum wage?

UPDATED: Jun 25, 2015

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Do seasonal workers have to be paid minimum wage?

I am a lifeguard. The minimum wage is $8.15 /hour and I am currently receiving $7.40 /hour. My employer claims that since I am a seasonal worker I do not have to be paid minimum wage but I don’t buy their excuse.

Asked on June 25, 2015 under Employment Labor Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The fact is that the Department of Labor has specified exemptions to the minimum wage law. This means that some employees can be paid less then minimum wage. The Federal Fair Labor Standards Act (FLSA) has declared particular jobs, including farm workers, newspaper deliverers, "informal" workers (i.e.babysitters), seasonal workers and others as exempt from both state and federal minimum wage law. The intent of these exemptions are to allow certain types of business to hire workers for temporary or high-volume positions that they couldn't otherwise afford to fill, thereby helping the economy by creating more jobs.

If you have any further questions, you can get more information from your state's department of labor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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