Outdoor Recreational Outfitting and Guiding Act

119th Congress Introduced by Steve Daines

The bill would exempt workers primarily providing outdoor outfitting or guiding services for employers whose main business is such activities from federal minimum wage and overtime

Introduced in Senate

Summary of Bill: Outdoor Recreational Outfitting and Guiding Act (S. 4838)

Purpose and main intent

The bill aims to amend the Fair Labor Standards Act of 1938 (FLSA) to exempt certain employees from the federal minimum wage and maximum hours (overtime) requirements.

Specifically, it would shield individuals who are primarily involved in outdoor recreational outfitting or guiding services, when employed by an employer whose primary business is providing such outfitting or guiding services.

Key provisions and changes

Section 13(a) of the FLSA (which currently lists exemptions from minimum wage and overtime requirements) would be amended to add a new paragraph (2).

The new exemption applies to:

Employees who are primarily engaged in providing outdoor recreational outfitting (including equipment rentals) or guiding services.
Those employees must be employed by an employer whose primary business is providing such outfitting or guiding services.

The bill does not specify additional requirements, duties, or limitations beyond establishing the eligibility for the exemption under the defined conditions.

Who is affected

Employees in the United States who are:

Primarily engaged in outdoor recreational outfitting (such as equipment rental and related services) or guiding services.
Employed by an employer whose main business activity is providing outdoor outfitting or guiding services.

Employers in the outdoor recreation industry that offer outfitting, equipment rentals, or guiding services as their primary business activity.

The exemption, if enacted, would remove these employees from the federal minimum wage and overtime protections under the FLSA.

Procedural and timeline aspects

Status: Introduced in the Senate on June 18, 2026, by Senator Steve Daines.

Referral: Referred to the Senate Committee on Health, Education, Labor, and Pensions.

There is no text indicating a companion measure in the House at this time, nor any specified effective date beyond passage and signature (which would determine when the exemptions apply).

Practical impact considerations

Economic: Exemption would allow covered employees to be paid on salary or wage structures exempt from federal minimum wage and overtime rules, potentially affecting compensation models, hours worked, and rest/recuperation expectations.

Industry impact: Could affect labor cost structures for outdoor outfitting and guiding businesses, particularly those with seasonal demand or variable hours.

Oversight: As with other FLSA exemptions, regulatory details (e.g., state-law interactions, recordkeeping, and specific duties tests) would be clarified through implementing regulations if the bill becomes law, since this summary reflects the bill text as introduced.

If you’d like, I can compare this proposed exemption to existing FLSA exemptions or provide a side-by-side with related industry exemptions to highlight similarities and differences.