handleman
09-17-2005, 10:13 AM
I work in the landscaping industry in south carolina. i work 50 hrs a week but don't get payed over time because the company claims they are classified as agriculture. however, i have been told by a number of people that this is illegal because to qualify as agriculture you have to be involved in the growth or production of plant material. does anyone know where i can find info about this?
sclaborlawyer
10-05-2005, 02:43 PM
Call the wage and hour division of us dept of labor. they have a web site
the law says:exemption:Agricultural employees who are either:
⋅ employed by employers who did not use more than 500 man days of agricultural labor in any quarter of the preceding year
⋅ immediate family members of their employers
⋅ employed as hand-harvest laborers paid on a piece rate basis in an operation that is customarily or recognized as a piece-paid operation and commutes daily to the farm and has been employed in agriculture less than 13 weeks during the preceding year
⋅ under 16 and employed as a hand harvest laborer paid on a piece rate basis on a farm where his parent or person standing in place of a parent is employed
⋅ employed in the range production of livestock