For example, a local law or ordinance may provide that compensatory time be granted to
employees for hours worked in excess of 35 in a
workweek. In determining whether employees are considered engaged in a seasonal activity,
the first consideration is whether the activity in which they are engaged is
a regular and recurring aspect of the employee's work.

The second consideration is whether the projected overtime hours during the period of
significantly increased demand are likely to result in the accumulation during such
period of more than 240 compensatory time hours
(the number available under the lower cap). The snow plow operator/road
crew employee may be able to accrue compensatory time to
the higher cap, while other employees of the
same department who do not have lengthy periods of peak seasonal demand would remain under the lower cap.
As an example, employees processing tax returns over an extended period of significantly increased demand whose overtime hours
could be expected to result in the accumulation during
such period of more than 240 compensatory time hours will typically qualify as engaged in a seasonal activity.

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