Don’t Overlook These NPS Labor Regulations for Concessions

Your Government counsel.™

In addition to regulations implemented by the Department of Labor, the National Park Service has its own but often overlooked set of regulations regarding NPS concessioner compliance with labor laws.  These regulations, set out at 36 CFR Part 8, impose certain requirements on concessioners related to labor law compliance.  These requirements include that concessioners retain records as to the name, age, address, occupation, rate of pay, amount paid each pay day and hours worked each day of all its employees for the prior 3 years.  NPS concessioners are also required to post the regulations at 36 CFR Part 8 “in a conspicuous place.”

One of the regulations states that all concessioners shall comply with all state labor laws, including any such state laws regarding minimum wages and worker safety, imposed by the state in which the concession facility is located.  A federal court, however, held that this blanket requirement was invalid because state laws do not apply on those National Park areas (or National Forests) which qualify as federal enclaves unless certain facts exist.  For example, state labor laws may apply if Congress clearly called for state laws to apply, Congress ceded authority to the state to enact the law or the state law was in existence at the time the land was deeded over to the federal government.  A careful examination of your specific situation would be needed to determine if your operations are exempt from state labor laws.

The NPS regulations exempt certain categories of employees, including those providing medical service, taking care of livestock, guards, caretakers, executives and sports instructors.

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