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Ag in CA 60 per week and 10 per day before OT? California

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  • Ag in CA 60 per week and 10 per day before OT? California

    I have just recently started as a Nursery worker (supervisor) in California. I was told by my employer that before they have to pay me overtime I must work over 10 hours per day and 60 hours per week because it was classified under Agriculture. This is a new nursery and I think they may have their facts wrong. Also when I started I filled out a company policy (their standard for irregation business and office staff uses) that stated they pay OT at 8 and 40. I am more concerned for my staff than for myself as I am unavailable to work OT.


  • #2
    i could be wrong

    but if an employee and employeer sign the same paper (the company policy paper you reffered to) that specifically states when you would be paid for overtime,i would think that the company would have to honor that policy,but this is not something i know alot about so another senior member,with more knowledge on this matter, will come along eventually to let us both know the answer to this.

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    • #3
      This was their standard 4 page document that was signed only by me.

      Comment


      • #4
        In California, people engaged in agricultural occupations (and not on a farm) do not get overtime until after 10 hours in a day. The law does not directly require overtime after 60 hours in a week, but it is mathematically certain that it would be earned. (OT after 10 hours in a day and on the 7th consecutive day is the same as OT after 60 hours in a week).

        In terms of what work qualifies for this rule, the federal standards provide fairly detailed guidlines as to what argriculture means:

        § 780.205 Nursery activities generally.
        The employees of a nursery who are engaged in the following activities are employed in ‘‘agriculture’’:
        (a) Sowing seeds and otherwise propagating
        fruit, nut, shade, vegetable, and ornamental plants or trees (but not Christmas trees), and shrubs, vines, and flowers;
        (b) Handling such plants from propagating
        frames to the field;
        (c) Planting, cultivating, watering, spraying, fertilizing, pruning, bracing, and feeding the growing crop.
        Please note that California has different rules for people who work on farms.
        Michael Tracy
        Attorney
        http://www.laborlawradio.com

        Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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        • #5
          thanks m tracy

          for your prompt answer to the question!

          Comment


          • #6
            but what if...

            thank you first of all
            but what if we are starting a pumpkin patch & xmas tree farm????
            The pumpkins are planted and growing and it is going in the newspaper this week that we will be opening around Halloween. I think that might make it a farm. Right???
            The Xmas tree farm it states in article for paper will not open for a few years.
            jengirlm
            Junior Member
            Last edited by jengirlm; 06-03-2006, 03:54 PM. Reason: forgot something

            Comment


            • #7
              Growing of Pumpkins would be considered argiculture, but Christmas Trees would not. The distinction is that pumpkins can be eaten and Xmas trees can not.

              I am not sure what the results would be if you worked in both types of operations in the same pay period.
              Michael Tracy
              Attorney
              http://www.laborlawradio.com

              Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

              Comment

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