Leisure Law refers to not only the industry of sports, recreation, and entertainment, but also to the rights of employees to leisure time.
In the context of employee rights, in the United States there are a number of laws regulating leisure time for employees (i.e., breaks, vacations, personal leave). Often, aside from time mandated by statute, the exact method of determining an employee's entitlement to leisure time in the United States is set forth in the employment agreement or in an employer's policies.
Much of leisure law pertains to matters of concern to owners, managers, franchisors, developers and lenders with respect to hotels and other hospitality and leisure businesses. These matters may relate to corporate law, real estate matters, financing, franchise and distribution rights, employment, intellectual property, administrative regulations, and various types of litigation and alternative dispute resolution.
Businesses that commonly fall under the umbrella of leisure laws include hotels and timeshares, resorts, and country clubs, luxury / serviced apartments, amusement parks, health and fitness facilities, movie theaters, nightclubs, marinas, casinos, bowling alleys, catering operations, conference halls, and many others. If your business relates to any of these industries and you have questions about leisure law, you can use the resources below to learn more. Additionally, under the “Law Firms” tab on the menu bar, above, you can find lists of attorneys in your area that can assist you with your leisure law related matters or answer any questions you may have.
Know Your Rights!
Leisure Law - US
- Department of Labor - Vacations
The Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as vacations, sick leave or federal or other holidays. These benefits are matters of agreement between an employer and an employee (or the employee's representative).
- DOL - Leisure and Hospitality Industry
This section provides information relating to employment and unemployment in leisure and hospitality. While most data are obtained from employer or establishment surveys, information on industry unemployment comes from a national survey of households. The following tables present an overview of the industry including the number of jobs, the unemployment rate of those previously employed in the industry, job openings and labor turnover, union membership and representation, gross job gains and losses, and projections of occupational employment change.
- Employee Leisure Time - Breaks and Meal Periods
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
- Recreation and Leisure - Definition
Leisure can be accurately defined as some measure of time from which a person is released from those responsibilities which normally or routinely pertain to the duties they are compelled to perform. This is most often used as an expression referring to the periods of time in which a person is freed from paid work at a job. However, leisure can also include times one is temporarily released from other compulsory, but unpaid duties, such as child care, home or other maintenance, or personal obligations and matters.
Organizations Related to Leisure Law
- American Association for Physical Activity and Recreation
AAPAR is a membership association of professors, students, teachers, fitness professionals, recreation instructors, and community leaders who promote lifelong physical activity, adapted physical education, and recreation sports and leisure activities among people of all ages and abilities.
- Sport and Recreation Law Association
The Sport and Recreation Law Association is a nonprofit corporation. Our purpose is to further the study and dissemination of information regarding legal aspects of sport and recreation. The Association addresses legal aspects of sport and recreation within both the public and private sectors.
- World Leisure Organization
Founded in 1952, World Leisure Organization is a world-wide non-governmental association of persons and organizations dedicated to discovering and fostering those conditions best permitting leisure to serve as a force for human growth, development and well-being.
Publications Related to Leisure Law
- Economic History Association - Hours of Work in U.S. History
In the 1800s, many Americans worked seventy hours or more per week and the length of the workweek became an important political issue. Since then the workweek's length has decreased considerably. This article presents estimates of the length of the historical workweek in the U.S., describes the history of the shorter-hours "movement," and examines the forces that drove the workweek's decline over time.
- Loyola of Los Angeles Entertainment Law Review
The Loyola of Los Angeles Entertainment Law Review is a specialty review devoted to Enterainment, Sports, and Communications law. ELR is student edited and published at Loyola Law School of Los Angeles
Articles on HG.org Related to Leisure Law
- Can Kaepernick Prove Collusion by the NFL?Colin Kaepernick has filed a grievance against the NFL for colluding to prevent him from being hired by any team. This collusion grievance allegedly stems from the protests that Kaepernick initiated during his last season with the 49ers. Despite becoming a free agent with an enviable record at the end of the 2016-2017season, he has yet to be recruited by any NFL teams and believes it is because they are actively avoiding hiring him.
- Lithium Battery Fire on Airline Flight Raises ConcernsAn increase of incidents involving faulty lithium batteries also increases dangers in air travel.
- Sports Contracts: Minor League Versus Foreign LeagueMinor league sports contracts are for those that love the game but are not paid as much as major league players, and foreign leagues could offer more if the player is willing to relocate overseas. However, each contract is different, and it is important to read the fine print along with the terms and conditions that apply and how they bind the player.
- Navigating Ezekiel Elliott’s Legal PlaysEzekiel Elliott of the Dallas Cowboys has been fighting a 6 game misconduct ban since the start of the football season. His legal moves have allowed him to delay his suspension but on October 12th, the NFL won a motion to reinstate the suspension. Since this leaves most of us navigating a fairly confusing legal struggle, here is what we understand so far about the suspension and whether it can be enforced.
- The Texas Parks and Wildlife Department's Funding ProblemIn theory, as well as in public support, Texas Parks and Wildlife funding is essential. The funds are garnered through a sporting good sales tax with 94 percent of the revenue slated for ongoing park and wildlife maintenance and 6 percent going to the Texas Historical Commission for maintenance of historical sites throughout the state.
- Defenses to Allegations of Copyright InfringementThere are numerous defenses available to a copyright infringement defendant.
- Elements of a Copyright Infringement ClaimA copyright infringement action requires a plaintiff to prove (1) ownership of a valid copyright, and (2) actionable copying by the defendant of constituent elements of the work that are original.
- Who Is Responsible for Sports injuries?When someone is harmed during a game, practicing or preparing for a group get-together, the question many have is who should be responsible for damages if anyone. These accidents or instances of hurt are outside the professional world where those individuals have various others to provide care and assistance to resolve injuries.
- Band Agreements, Band Entities, Band Trademarks and CopyrightsIn order to avoid disputes later, a band needs a band agreement which states how the band will divide their profits and which provides how decisions shall be made, how departing band members will be paid and the rights to use the band name after a break up or a band member departs. With the advice of a music lawyer, the right business entity can be chosen, and a music attorney in California can be utilized to obtain copyrights, and trademarks for the band name.
- Sports InjuriesWhile sports provide an outlet for active children and help people of all ages stay in shape, sports can sometimes pose a significant risk when the people responsible for the sport do not take proper precautions to protect athletes and participants.
- All Leisure Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Leisure including: art and cultural property, entertainment law, gaming, hospitality law, sports and recreation, tourism and travel.