This toolkit provides resources to help resort and hotel employers understand their basic responsibilities under federal labor laws enforced and administered by the U.S. Department of Labor’s Wage and Hour Division (WHD). Some states have labor laws that afford workers additional rights and protections; employers must comply with both federal and state laws.
If you discover past wage or leave mistakes, the PAID program may be able to help.
What you should know
Here are three key things that resort and hotel employers need to understand:
- Minimum Wage & Overtime: Pay at least the federal minimum wage ($7.25 per hour unless a higher state/local minimum wage applies) and provide overtime (1.5x regular rate) for hours over 40 per week. Maintain accurate payroll records.
- H-2B Worker Protections: Pay at least the prevailing wage, follow approved job terms, and cover required expenses such as transportation and visa fees if required by law or regulation.
- No Retaliation or Misclassification: Workers have the right to report violations without retaliation. Employers must classify workers correctly to avoid wage theft or improper exemption from overtime.
Learn more about how the laws apply to the resort and hotel industry.
- FLSA Handy Reference Guide
- Hotel and Motel Establishments
- General Requirements for Employers Participating in the H-2B Program
- Fair Labor Standards Act poster (PDF)
- Employee Rights Under the H-2B Program (PDF)
Still need more guidance? Ask us.WHD provides guidance on how laws apply to specific workplace situations.Request an Opinion Letter.
Here are additional tips and resources to understand your responsibilities as a resort and hotel employer.
- Employee or independent contractor classification
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Day laborers
- Jornaleros (PDF) (español)
- Hours worked
- Horas trabajadas (español)
- Overtime pay requirements
- Requisitos para el pago de sobretiempo (español)
- Recordkeeping requirements
- Requisitos para preservar los registros (español)
- Retaliation against employees is prohibited
- Recruiting Requirements under the H-2B Program
- Wage Requirements under the H-2B Program
- Related Fees under the H-2B Program
How to Get More Information
If you have questions or need additional information, contact us online or call 1-866-487-9243 between 8 a.m. and 5 p.m. in your time zone.
Last updated on September 16, 2025.