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(1) Definitions.

(a) Seasonal - Means seven (7) months or less.

(b) Student - One who is attending an accredited school, college or university and is employed on a part-time basis.

(c) Amusement or Recreation Establishment - Examples are the concessionairies at amusement parks, resorts and ski areas.

(d) Amusement or Recreational area - Example - National Parks, Ski areas, Vacation resort areas.

(e) Establishment - Refers to a "distinct physical place of business" rather than to an entire business or enterprise which may include several separate places of business.

(2) Seasonal Amusement or Recreational Establishment. An amusement or recreational establishment operating on a seasonal basis must comply with the provisions of section 39-3-404 MCA, but may qualify as an exempt establishment from the $2.00 under Section 39-3-406 . Section 39-3-404 MCA apply to any students employed by an amusement or recreational establishment.

For seasonal amusement or recreational establishments to be exempt from the minimum wage of $2.00 per hour specified in Section 39-3-404 MCA they must meet all three of the following requirements.

(a) The business or establishment in which the students are employed must be amusement or recreational.

(b) The employee must be a student in an accredited school.

(c) The operation of the establishment must be seasonal (seven (7) months or less) .

(3) Seasonal Amusement or Recreational area. Employers of students in an amusement or recreational area may qualify for a partial exemption from the overtime provisions of section 39-3-405 (3) MCA. This exemption will allow the employer to employ the student employees for 48 hours in each workweek. In workweeks longer than 48 hours the student employee shall receive compensation for employment in excess of 48 hours in a workweek at a rate of not less than one and one half times the hourly wage rate at which he was employed.

Establishments operating in an amusement or recreational area must meet all the following requirements in order to qualify for the partial exemption.

(a) Must be in amusement or recreational area.

(b) Employee must be student in an accredited school.

(c) The establishment must be seasonal (seven (7) months or less) .

(d) Board and room must be furnished.

History: Sec. 39-3-403, MCA; IMP, Sec. 39-3-404, 39-3-405, & 39-3-406, MCA; Eff 12/31/72.

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