I currently work at a farm where my employer has his company listed as a farm but on all Legal documenation (truck billing, pay stubs) its listed as (name of farm) Inc. I don't work directly with the farm. i Pack eggs that come down conveyers and are placed by machine into cartons and then they come up another conveyer where i put them in boxes. I work from 7-4 everyday except sunday sometimes working 50 + hrs a week. I know farms are exempt from paying overtime but is it still that way if the company labels itself as Inc?

Employees who are employed in agriculture as that term is defined in the Act are exempt from the overtime pay provisions. They do not have to be paid time and one half their regular rates of pay for hours worked in excess of forty per week.

Agriculture does not include work performed on a farm which is not incidental to or in conjunction with such farmer's farming operation. It also does not include operations performed off a farm if performed by employees employed by someone other than the farmer whose agricultural products are being worked on.

Any employer in agriculture who did not utilize more than 500 "man days" of agricultural labor in any calendar quarter of the preceding calendar year is exempt from the minimum wage and overtime pay provisions of the FLSA for the current calendar year. A "man day" is defined as any day during which an employee performs agricultural work for at least one hour.

The 500 man days is very important. I will come back and provide you with the correct formula to see if the 500 man days is met or not..