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is this agricultural or not?

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  • is this agricultural or not?

    I just got a job working for one of the largest fertilizer / pesticide co. in the U.S. , I am a technician , in other words I treat lawns with fertilizers and pesticides, I was started with a salary + comm. + O.T. , funny thing is i'm working 65 hours a week and they claim the O.T. is at an agricultural rate
    ( 4.17 hr!!! ) . I cant make the commisions because I waste an hour driving to and from the area I work in ! Is this legal?, does lawn technician fall under agricultural laws? Is overtime mandatory? Is saturdays mandatory? I'm busting my butt have got nothing to show for it!
    Technically , If I go to work load truck drive 1/2 hour each way , plus take a lunch ( that I never can or get to take ) its actually only a 6 1/2 hours a day to make the $900.00! cant be done! what to do?

  • #2
    That sounds a bit fishy to me, but I'm not positive. I recommend calling the federal Dept. of Labor to pose your question. I just don't have any experience with this situation.
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    • #3
      I don't see how the company could legitimately call your job an agricultural job under the Fair Labor Standards Act which says

      “Agriculture” includes farming in all its branches and
      among other things includes the cultivation and tillage of
      the soil, dairying, the production, cultivation, growing, and
      harvesting of any agricultural or horticultural commodities
      (including commodities defined as agricultural commodities
      in section 1141j(g) of U.S.C. Title 12), the raising
      of livestock, bees, furbearing animals, or poultry, and any
      practices (including any forestry or lumbering operations)
      performed by a farmer or on a farm as an incident to or in
      conjunction with such farming operations, including preparation
      for market, delivery to storage or to market or to
      carriers for transportation to market.

      So, you must be paid at least minimum wage and be paid overtime for working more than 40 hours during a work week. In addition, if you go to work, load a truck and drive it, those hours spent driving the truck should be paid as work hours.

      Now the downside for you is that, yes, the company can require you to work overtime and they can require you to work on Saturday (or Sunday or any other day).
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


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