“FAIR”LY IMPORTANT MATTERS . …………………………………………..


FROM THE DESK OF DR. THOMAS HOLT, D.V.M. STATE VETERIANARIAN/DIRECTOR, DIVISION OF ANIMAL INDUSTRY, FLORIDA DEPARTMENT OF AGRICULTURE AND


CONSUMER SERVICES RE: The 2012 H3N2 Virus


September 19, 2012 TO: Florida Federation of Fairs and Livestock Shows I appreciate the opportunity to provide continuing educa-


tion regarding the 2012 Influenza that is currently circulating in the U.S. A number of human infections with a variant In- fluenza-A H3N2 virus (―H3N2v‖) have been detected in the U.S. since July 2012. These are viruses that do not usually infect people but that occur in pigs and are very different from human season viruses. This Influenza virus is thought to spread from infected pigs to humans in the same way that season Influenza viruses spread between people. To date, the symptoms and severity of the H3N2v illness has been similar to season flu. Fortunately, we have not had any cases of H3N2 in swine populations in Florida, but we recog- nize the need for information on this virus and the need for heightened biosecurity when dealing with animals. Farm program participants should be reminded to take


precautions protecting both human and animal health. The key is to avoid close contact between sick swine and people to prevent the spread of the virus. Should swine show signs of respiratory disease, they should immediately be isolated from other swine to reduce transmission. Swine with signs of respiratory disease should be reported to the farm veterinar- ian and to our Division for evaluation. *Enclosed is some background information on actions


that can be taken to protect people from becoming infected with this virus, as well as a fact sheet indicating the current situation as of today. Any person with a suspected illness due to contact with pigs should consult with his/her health care provider and be sure to mention recent swine contact. In addition, the local county health department should be notified. Also included are some examples of signs that can be provided to Fairs and exhibitors regarding biosecurity and swine exhibitions. Should you have any questions, please contact our office


at (850)410-0900 or the Florida Department of Health at (850)245-4401.


*PLEASE NOTE:


For copies of the ‗enclosed‖ items referred to in the above letter,


Contact Lisa Hinton at lisahinton@floridafairs.org 27


Attorney’s Corner…………………... By Lance Fuchs


OVERTIME A question often arises if


not for profit fair associa- tions are responsible for the payment of overtime wages pursuant to the Federal Fair Labor and Standards Act. As a general rule, employers are required to pay employees overtime pursuant to federal law. However, exemptions to this rule apply. In the case of a fair association, the specific federal exemption which may apply is 29 U.S.C. 213 which states in pertinent part, that the overtime law shall not apply if:


Lance Fuchs Foster & Fuchs, P.A. ―any employee employed by an establishment which is


an amusement or recreational establishment, organized camp, or religious or non-profit educational conference center, and (A) it does not operate for more than seven months in any calendar year, or (B) during the preceding calendar year, its average receipts for any six months of such year were not more than 33 1/3 per centum of its average receipts for the other six months of such year.‖


Accordingly, in order for a fair association to be exempt,


it must first show that it qualifies as an ―amusement or recreational establishment‖. Courts have found that fairs typically fit within the scope of an amusement or recrea- tional establishment. Second, the fair association must show that it: (1) either does not operate for more than seven months out of the year; or (2) that its average re- ceipts for any six months of such year were not more than 33 1/3 percent of its average receipts for the other six months of such year. All of these factors should be reviewed by a fair association and its accountant prior to the association availing itself of the exemption.


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40