The New York state legislature is presently considering a law that would exempt fairs and their vendors from having to pay overtime to employees who work more than 40 hours per week, according to the Syracuse Post-Standard.
Carnival and fair workers are currently entitled to time-and-a-half pay, according to the New York Department of Labor, whereas Massachusetts, Pennsylvania, Vermont and New Jersey all have laws exempting carnival and fair workers from overtime.
According to Todd Vandervort, a lobbyist hired by the New York State Association of Agricultural Fairs, paying overtime is a heavy financial burden for small fairs, and the work is often so specialized that it is hard to assemble enough staff members for two different shifts. Although the days are long, fairs usually run for no longer than a week at a time.
Employees exempted from overtime by the Fair Labor Standards Act include taxi drivers, seamen on U.S. vessels, announcers and news editors of certain non‑metropolitan broadcasting stations, movie theater workers and domestic service workers who reside in their employers' residences.
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