§ 11-10-506 — Seasonal employment and benefit rights - Definitions

(a) (1) As used in this section, the term "seasonal industry" means an industry in which, because of the seasonal nature thereof, it is customary to lay off forty percent (40%) or more of the average monthly number of workers for at least four (4) consecutive months during a regularly recurring period of each year and in which industry it is highly impracticable or impossible to continue seasonal operations throughout a period or periods of one (1) year in length. However, the total cessation of operations is not a prerequisite to classification as a seasonal industry. (2) After a study of previous employment records, and after investigation and hearing, the Director of the Division of Workforce Services shall determine the normal seasonal period or periods during which workers are ordinarily employed for the purpose of carrying on seasonal operations in each seasonal industry. Until the determination by the director, no industry shall be deemed to be seasonal. The director may initiate a study of an industry upon his or her own motion or upon a request filed with the director by any employing unit or person that would be affected by any determination made as a result of such a study. If a study is made, it shall be mandatory for the director to make his or her determination and report thereon within ninety (90) days after written application for the determination has been filed. If the director initiates the study of an industry upon his or her own motion and finds that the industry meets the seasonal requirements set forth in this section, he or she shall make his or her determination and report within ninety (90) days after the study is initiated. In either event, the industry shall be classified as a seasonal industry effective on the January 1 immediately following the date of the director's determination. Provided that, any employer who is classified as a seasonal employer under these provisions may make a written request to the director asking not to be treated as a seasonal employer. If the request is approved, treatment as a seasonal employer will cease effective January 1 of the following calendar year. (b) (1) The director shall conduct, from time to time, studies of industries previously determined to be seasonal for the purpose of determining whether they should continue to be so classified. (2) If, after study, investigation, and hearing, the director finds that an industry no longer meets the seasonal requirements set forth herein, he or she shall issue a determination to that effect within ninety (90) days after the study was initiated. (3) The industry shall cease to be classified as a seasonal industry effective on the January 1 immediately following the date of determination. (c) (1) The term "seasonal worker" means an individual who is employed in a seasonal industry, except that the term shall not include workers in industries where employment continues substantially throughout the year. (2) Any individual having earnings in a seasonal industry having a seasonal operating period within the limits shown in Column A of the table below and who has base period wages earned in the seasonal industry in the nonoperating season of the seasonal industry in an amount equal to the amount specified on the corresponding line of Column B of this table shall be considered as having employment which continues substantially throughout the year and shall not be considered a seasonal worker. A Operating Period of Seasonal Industry B Wages Earned in Seasonal Industry During Nonoperating Period 7 - 8 Months 24 Times Weekly Benefit Amount 2 - 6 Months 30 Times Weekly Benefit Amount (d) For purposes of this section, the term "average monthly number of workers" means the aggregate number of workers employed in the industry during the pay period that includes the twelfth day of each month in the peak period of operation divided by the number of months during the period. (e) The director shall prescribe fair and reasonable general rules consistent with this chapter and not inconsistent with general law applicable to seasonal workers for determining the period during which benefits shall be payable to them. The director may prescribe fair and reasonable general rules with respect to such other matters relating to benefits for seasonal workers as the director finds necessary and consistent with respect to such other matters relating to benefits for seasonal workers as the director finds necessary and consistent with general law. (f) The business of exploring for and the mining of coal and other minerals for use as fuel shall not be deemed to be a seasonal industry as defined in this section.

Legislative History

Amended by Act 2019, No. 910,§ 236, eff. 7/1/2019. Acts 1941, No. 391, § 3; 1943, No. 174, §§ 1, 3; 1953, No. 162, § 1; 1981, No. 43, § 4; 1983, No. 482, § 12; A.S.A. 1947, §§ 81-1104, 81-1110; Acts 1989, No. 420, § 5; 1991, No. 100, § 26; 2001, No. 1367, § 4.