Can a seasonal worker (summer only) be paid less than minimum wage in New York state?

Question

I work as a lifeguard at the city pool. It's only a seasonal job, as since the pool is outdoors it naturally closes for the winter. I am 16, and it's my first year on the job. For reasons that I am not aware of, the city can get away with paying me $6.75 an hour, rather than the state minimum wage of $7.15. Also, I receive no overtime benefits (such as pay for time and a half) for the additional hours i work that are over the overtime threshold (40 hours a week). Now I'm not sure if this is strictly legal; maybe they can pay me less than minimum because it's only a seasonal job, or because I work for the city, or for any other legal nonsense that I am unaware of. Basically, I'm asking if I'm getting screwed over here, and if there is any legal precedent for the underpayment of seasonal employees.

Answer 1

Sometimes seasonal jobs get special allowances.  I used to work for a seasonal place and our overtime was 45 hours instead of 40.  You can check, but chances are what they did is perfectly legal.

Answer 2

im not from new york, but where i live it would be illegal for an employer to pay less than minimum wage.  ask your boss what the deal is.

Answer 3

You should contact the NY State Department of Labor.

NEW YORK 10019

247 West 54th Street, 6th Floor

[phone]

There might be sub-minimum wages for new employees working their first job.  The State DOL can answer any questions that you may have.

Answer 4

Check with your state labor department, which is the department that regulates state minimum wage laws.  I know in Tennessee back when I was in high school that seasonal workers were indeed exempt from the minimum wage laws, and at that time it was the federal minimum wage laws we were exempt from.

I'm not seeing on the New York State Dept of Labor website that there is an exception for city workers or seasonal jobs, but there may be something that applies that I'm not seeing.  Your best bet is to give the Labor Dept a call and just ask.  They should be able to tell you pretty quickly.  

Answer 5

You're getting boned.... about the only employees exempt from the minimum wage laws are agricultural workers (re: illegals) and service workers who would get most of their income via tips (waiters, etc).  The big BUT here is your age. That may allow them to s***w you... but I also think it's illegal for you to be working more than 40 hours per week.  I'm no lawyer, and cities have them up the wazoo, but I think you could use an explanation from them (in writing) just to ease your mind.  

Answer 6

contact your labor department in ny