Missouri · amusement / recreation overtime
Missouri amusement overtime (after 52)
For employees of an amusement or recreation business that meets FLSA § 213(a)(3) seasonality, Missouri RSMo § 290.505(2) pays 1.5× after 52 hours in one workweek — even when federal law would fully exempt overtime. No daily overtime. Not FLSA 40, not NY farm 52, not MD ag 60, not MO public works.
How § 290.505(2) pays
§ 290.505(2) says employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. § 213(a)(3) must be paid one and one-half times their regular compensation for any hours worked in excess of fifty-two hours in any one-week period. Subsection (1) is the ordinary Missouri weekly-40 rule; subsection (3) keeps other FLSA exemptions — except the amusement carve-out in (2). DOL Wage and Hour Fact Sheet #18 explains the federal seasonality tests this statute incorporates: the establishment does not operate more than seven months in any calendar year, or during the preceding calendar year its average receipts for any six months were not more than 33⅓% of its average receipts for the other six months.
There is no daily overtime band, no Sunday/holiday all-hours premium, no California ski 10/48, no Colorado ski consecutive-12, and no New York rest-day line. Hours already in the regular band convert to overtime only after the week passes 52. Year-round amusement parks that fail both § 213(a)(3) seasonality tests may owe FLSA after 40 instead and are out of punch scope. Organized camps and religious or non-profit educational conference centers appear in the federal statute’s broader list but Missouri’s text says “amusement or recreation business” — those other federal categories are labeled out of scope here.
Five 10h days @ $20 → $1,000 (50 regular — under 52).
Six 10h days @ $20 → 52 regular + 8 OT = $1,280.
Same punches if FLSA weekly-40 applied → 40 + 20 OT = $1,400 on /overtime/.
Same under a pure FLSA 13(a)(3) exemption (no Missouri) → $1,200 all straight time.
Same on /new-york-farm-overtime/ → also 52 + 8 = $1,280 (farm + rest-day statute, not amusement).
Same on /maryland-agricultural-overtime/ → $1,200 (60 regular).
Seven 8h days @ $20 → 52 regular + 4 OT = $1,160.
Sources
- RSMo § 290.505 — Overtime compensation, applicable number of hours, exceptions (official Missouri Revisor)
- DOL WHD Fact Sheet #18 — Section 13(a)(3) exemption for seasonal amusement or recreational establishments
- 29 U.S.C. § 213(a)(3) — FLSA amusement/recreation seasonality exemption (criteria incorporated by § 290.505(2))
- Missouri DOLIR — Wages, Hours and Dismissal Rights
- Justia — RSMo § 290.505 (mirror)
FAQ
When does Missouri amusement overtime start under § 290.505(2)?
For employees of an amusement or recreation business meeting FLSA § 213(a)(3), Missouri requires 1.5× for hours over 52 in any one-week period. Federal law can fully exempt that establishment from overtime; Missouri keeps the 52-hour floor.
Is this the same as FLSA weekly 40?
No. /overtime/ is FLSA after 40 for covered employees. This page assumes § 213(a)(3) qualification so federal OT is off and Missouri’s after-52 rule controls. Six 10-hour days are 52+8 here vs 40+20 if FLSA applied vs all straight time under a pure federal exemption.
Is this New York farm overtime after 52?
No. /new-york-farm-overtime/ is farm workers after 52 plus rest-day 1.5×. Same weekly number; different statute and industry. No rest-day line on this page.
Is this Maryland agricultural overtime after 60?
No. /maryland-agricultural-overtime/ is after 60 for FLSA-exempt ag. Six 10-hour days are 52+8 OT here and 60 regular there.
Is this Missouri public works overtime?
No. /missouri-public-works-overtime/ is RSMo § 290.230 after-10 / after-40 with Sunday/holiday ALL at 2×. This page is private amusement weekly 52 only.
Who is covered?
Amusement or recreation businesses meeting FLSA § 213(a)(3) seasonality (≤7 months, or receipts test — Fact Sheet #18). Year-round parks failing both tests may owe FLSA after 40. Organized camps / religious conference centers are out of punch scope on this page.