ANSWERS: 7
  • No that is not legal. What you should do is call the "Labor Board" in the city where you work, and get all the answers you need. Good Luck
  • It's impossible to give a solid answer without knowing in which state you reside. Laws differ across state lines. Here is what US Federal law says on the topic: http://www.dol.gov/esa/regs/compliance/whd/whdfs12.htm ---------------------------------------------- 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. Additional exemptions from the minimum wage and overtime provisions of the Act for agricultural employees apply to the following: * Agricultural employees who are immediate family members of their employer * Those principally engaged on the range in the production of livestock * Local hand harvest laborers who:commute daily from their permanent residence, are paid on a piece rate basis in traditionally piece-rated occupations, and were engaged in agriculture less than thirteen weeks during the preceeding calendar year * Non-local minors, 16 years of age or under, who are hand harvesters, paid on a piece rate basis in traditionally piece-rated occupations, employed on the same farm as their parent, and paid the same piece rate as those over 16. -------------------- Going by the definitions shown at that URL, your boss is in violation of Federal Labor Law. Unless your boss has a small farm hidden somewhere that has a direct connection to the daily operations that you and the other drivers perform, such as his cows give used fryer grease instead of milk and you need to take it for recycling, your work is NOT agriculture related.
  • Loopholes my friend, loopholes. How do you think big business make their money? Loopholes. They use them to screw people like you and me. I would love to tell you this is illegal, but knowing that most of the states in our country, are work at will, anything is probably legal. Good luck.
  • No. If you're in California, you need a wage and hour lawyer. I'm one but don't want to spam here with my contact info. Is there a way I can contact you offline?
  • If you are not within the definition of an agricultural worker (which does not include pickup or delivery drivers for frier grease), then you are not under the agricultural rules. If you work > 40 hours per week, you're probably entitled to overtime wages.
  • It may be legal because the drivers may be covered by the Department of Transportation and may be exempted from overtime under the Motor Carrier Exemption of the Fair Labor Standards Act. See www.dol.gov/esa/regs/compliance/whd/whdfs19.pdf If the truck weigh less than 10,000 pounds then the drivers are not exempted under the Motor Carrier Exemption and be entitled to overtime based on their job duties: www.overtimelawyers.com/exempt.htm The agriculture exemption for overtime is not based on the title of the company or the industry the employer is in but on the actual job duties of the employees.
  • there are 35 drivers at laser transit in lacona ny, many local driver 50-70+ hours a week, that have never recieved overtime pay,, laser has nothing to do with agriculture, whatsoever,, but thats why they say they dont have to pay overtime...... i left and went back to my old job , not much better but at least its fair pay....... Pete D

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