SB 504 — Excluding seasonal amusement park workers from definition of "employee"

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Red = new code to be enacted WEST virginia Legislaturelegislature regular session IntroducedCommittee Substitute for Senate Bill 504 By Senators Maynard and Plymale [Introduced[Originating Februaryin 7,the 2018;Committee on the Judiciary;

Referredreported on February 23,2018]     A BILL to theamend Committeeand onreenact §21-5C-1 of the Workforce;Code of West Virginia, 1931, as amended, relating to minimum wage and maximum hour standards for employees;

andexcluding then to the Committee on the Judiciary] A BILL to amend and reenact §21-5C-1 of the Code of West Virginia, 1931, as amended, relating to adding an exception for seasonal amusement park workers from themaximum definitionhour ofrequirements; “employee”.

and defining terms.

and who employs during any calendar week six or more employees as herein defined in any one separate, distinctdistinct, and permanent location or business establishment:

Provided, That prior to January 1, 2015, the term “employer” does not include any individual, partnership, association, corporation, person or group of persons or similar unit if 80 percent of the persons employed by him or her are subject to any federal act relating to minimum wage, maximum hourshours, and overtime compensation:

Provided, however, That after December 31, 2014, for the purposes of section§21-5C-3 three of this article, the term “employer” does not include any individual, partnership, association, corporation, personperson, or group of persons or similar unit if 80 percent of the persons employed by him or her are subject to any federal act relating to maximum hours and overtime compensation.

(2) any individual engaged in the activities of an educational, charitable, religious, fraternalfraternal, or nonprofit organization where the employer-employee relationship does not in fact exist, or where the services rendered to such organizations are on a voluntary basis;

(3) newsboys, shoeshine boys, golf caddies, pinboyspinboys, and pin chasers in bowling lanes;

(5) services performed by an individual in the employ of his or her parent, son, daughterdaughter, or spouse;

(6) any individual employed in a bona fide professional, executiveexecutive, or administrative capacity;

(16) so far as the maximum hours and overtime compensation provisions of this article are concerned, any salesman, parts man or mechanic primarily engaged in selling or servicing automobiles, trailers, trucks, farm implements, or aircraft if employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles to ultimate purchasers;

or (20) any person employed as a seasonal employee of an amusement park.park where the seasonal employee works less than seven months in any one calendar year and, in such case, only for the limited purpose of exempting the seasonal employee from the maximum wage and hour provisions of §21-5C-3 of this code.

Provided, That in determining hours worked for the purposes of §21-5C-2 and 3§21-5C-3 of this code, there shall be excluded any time spent in changing clothes or washing at the beginning or end of each workday, time spent in walking, riding or traveling to and from the actual place of performance of the principal activity or activities which such the employee is employed to perform and activities which are preliminary to or postliminary to said the principal activity or activities, subject to such exceptions as the commissioner may by rules and regulations define.

 (i) NOTE:“Amusement park” means any person or organization which holds a permit for the operation of an amusement ride or amusement attraction under §21-10-1 et seq.

The purpose of this billcode. is to exclude seasonal amusement park workers from the definition of “employee”.

NOTE:

The purpose of this bill is to exclude seasonal amusement park workers from the definition of “employee” for the purposes of maximum hours standards.

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