S. 4838: Outdoor Recreational Outfitting and Guiding Act

This bill would change federal wage-and-hour law for certain workers in the outdoor recreation industry. Specifically, it would add a new exemption under the Fair Labor Standards Act for employees who are primarily engaged in outdoor recreational outfitting or guiding services, including equipment rentals, when they work for an employer whose main business is providing those services.

What that means in practice

• Covered workers would no longer have to receive federal minimum wage or overtime pay under the Fair Labor Standards Act for the hours they work in these jobs.
• The exemption would apply to employees who are mainly involved in activities like:
  • Guiding outdoor recreation trips or activities
  • Providing outfitting services for outdoor recreation
  • Renting equipment used for outdoor recreation
• The employer must also be primarily in the business of providing those outfitting or guiding services for the exemption to apply.

What the bill does not do

• It does not change every labor rule for these workers.
• It does not set new pay rates or working-hour limits of its own.
• It does not apply to all outdoor or recreation-related businesses; it is limited to certain outfitting and guiding services.

Overall effect

If enacted, the bill would allow certain employers in the outdoor recreation business to pay eligible workers under rules different from the normal federal minimum wage and overtime requirements. The main practical change is that some workers in these jobs could be excluded from those protections under federal law.

Relevant Companies

• None found