March 27, 2025

This paid piece is sponsored by Woods Fuller.

By Justin Bergeson, Woods Fuller attorney

Hiring seasonal and temporary workers can be a great way to handle the summer rush, keep parks and pools staffed, bring in extra hands for outdoor projects or ensure that farms and ranches have the labor they need during peak seasons.

Agriculture, tourism, and municipal services all rely on seasonal workers, making it essential to comply with the Fair Labor Standards Act and child labor laws — both at the federal level and here at home in South Dakota, Minnesota and Iowa.

What is the FLSA?

The FLSA was enacted in 1938 as part of President Franklin D. Roosevelt’s New Deal. This federal law establishes minimum wage, overtime pay, recordkeeping and youth employment standards for workers in the private sector and government positions. For those hiring temporary or seasonal workers, it is crucial to understand the requirements.

Understanding FLSA requirements for seasonal workers

Those FLSA standards apply to most employees, including seasonal and temporary hires. Key considerations include:

• Minimum wage and overtime: Seasonal employees generally must be paid at least the federal minimum wage of $7.25 an hour, though state laws may set higher rates. Overtime pay — time and a half — is required for nonexempt employees working over 40 hours in a week.
• Seasonal exemptions: Certain businesses, including amusement parks, agricultural employers and camps may be exempt from the...

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