An amusement or recreational establishment operating on a seasonal
basis may qualify as an exempt establishment under section 13(a)(3) of
the Act, added by the 1966 amendments, even if it does not meet all the
requirements of the 13(a)(2) exemption. Section 13(a)(3) exempts from
the minimum wage and overtime pay requirements of the Act ``any employee
employed by an establishment which is an amusement or recreational
establishment, if (a) it does not operate for more than seven months in
any calendar year or (b) during the preceding calendar year, its average
receipts for any 6 months of the year were not more than 33 1/3
percentum of its average receipts for the other 6 months of such year''.
``Amusement or recreational establishments'' as used in section 13(a)(3)
are establishments frequented by the public for its amusement or
recreation and which are open for 7 months or less a year or which meet
the seasonal receipts test provided in clause (B) of the exemption.
Typical examples of such are the concessionaires at amusement parks and
beaches. (S. Rept. 145, 87th Cong., first session, p. 28; H. Rept. 75,
87th Cong., 1st Sess., p. 10.)
