Amusement & Recreation Attendant – Traveling Carnival

Descripción del trabajo

Our family has been in the Carnival Business all our lives, providing amusement rides, games and concessions on a seasonal basis. My small business, mobile carnival company, was established in 2017. Congress has recognized the inherent seasonality of the mobile entertainment business as detailed in the Fair Labor Standards Act section 13(a)(3). The US DOL has also noted the unique nature of the mobile entertainment business and this application is being filed under the long-standing special procedures that the Department established and incorporated into the current regulatory framework for these mobile, multi-generational, seasonal, small family businesses. Our business has a seasonal need for these workers, recurring on a predictable annual basis. We are open for a specific season each year, are a traveling business, the work is evenings, weekends, and holidays, making it extremely difficult for us to locate workers ready, willing, and able to leave their homes & families to travel to each of our venues along our itinerary. We have been unable to hire sufficient available workers in the US to fill the posted positions with the show and have needed temporary seasonal workers to augment our US Workforce and to sustain our business. For the past several seasons, this need has been recurrent annually from April through November; however, for this season and going forward our need has shifted to mid-January through mid-November. Please find attached the contract we have signed between our company and Wade Shows Inc to provide carnival games for events from January through the end of March. We completely cease our mobile operations from mid-November through mid-January, and we do not have any permanent workers in this job category. Our exact opening and closing dates are dependent upon the dates set by event sponsors. At times, event sponsors change dates and their event then conflicts with other events that are booked. This causes minor shifts in starting and ending dates. This is a normal and reasonable shift due to changing external business conditions beyond our control and does not affect the fact that we are a seasonal business, with a need for Temporary Foreign Workers that is seasonal, predictable and recurrent annually. The number of workers required to operate our show is obviously dictated by the equipment (rides and concessions) that we operate at our various locations, the hours of operation, and the number of workers that are required to safely (for the workers themselves, their fellow workers and for the public) maintain and operate those rides and concessions. These are the factors that I take into consideration as I calculate my need for workers so that I can accurately complete this application process, remain compliant with, and strive to protect the integrity of this vital H-2B non-immigrant foreign worker program. Fairs, festivals, and the other seasonal events that depend upon our organization to raise funds for their community service and charitable projects typically attract large crowds mingling among the attractions, rides, games, and food. We must put a myriad of strict social distancing, staged entry and exit, sanitation stations, barriers between employees and public and other safety protocols into place before we can open for each event and removed when each event closes. This requires more workers to maintain safety, protocols, as well as required breaks and hours worked per workers. The number of workers requested has increased from 8 to 9 which is insignificant, and only a slight 10 percent increase. The slight change, in the number of workers required, should not trigger any sort of delaying NOD as this change is a result of an obvious business necessity and business conditions beyond our control. Our temporary need for Temporary Foreign Workers is seasonal, predictable, and recurrent annually. For the current fiscal year, we have calculated and are filing for ..SEE ATTACHED STN....