n4455q
05-27-2008, 06:52 PM
I'm an Ag pilot in Kansas, in addition to flying i am required to perform many other tasks resulting in very long days with no overtime pay. I'm payed a salary and if i spray over "x" amount of acres a year i will be payed a pilot wage in addition to my salary. there i no guarantee i will spray enough acres to receive my pilot pay. I need to know if I'm exempt or non exempt. do i have any rights here at all?
I would say that you maybe fall under the "professional" exception. I have a FLSA (the federal Fair Labor Standards Act) book that cites Paul v. Petroleum Tools Company as the case law for pilots being exempt employees.
Professional exception (http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17d_professional.htm)
ScottB
05-28-2008, 01:55 AM
FLSA also has some exceptions for agricultural employees.
http://law.justia.com/us/cfr/title29/29-3.1.1.2.39.2.342.37.html
pilots and flagmen engaged in the aerial dusting and spraying of crops are examples of the types of employees of independent contractors who may be considered employed in practices performed “on a farm.” Whether such employees are engaged in “agriculture” depends, of course, on whether the practices are performed as an incident to or in conjunction with the farming operations on the particular farm, as discussed in §§780.141 through 780.147; that is, whether they are carried on as a part of the agricultural function or as a separately organized productive activity (§§780.104 through 780.144).
n4455q
05-28-2008, 06:25 PM
it's not the flying that i'm not being compensated for, i was hired as a pilot and i have no problem working long hours if i'm flying. but because i'm salary my boss comes up with non flying related "projects" to fill our down time. i'll spend lots of time working on these projects, which generate revenue for him and i'll receive no extra pay regardless of the time spent working on it. thank you for your input.
Exempt status generally looks at all hours worked. If you can document that the majority of hours worked are not Exempt, then you have a possible argument that all hours should be Non-Exempt.