Legal Question in Employment Law in Alabama
Poultry House /Farm Labor exempt from Min. Wage Law?
Husband works for Poultry Grower, working min of 52.5 hour week and not receiving min. wage or OT. He is paid salary of $200 per week regardless of how many hours he works. (he works 68.5 hours one week and 52.5 hours the next and so on.)
Required to live on farm, so housing is furnished and receives $200 stipend on electric bill.
Husband is on call all the time, if something goes wrong in the houses, he is expected to go take care of it, even in middle of night.
Grower/Farm Owner supplies all equipment etc, so it is my understanding husband is employee, not contractor? Correct?
Is this grower required to pay min wage and overtime? Grower claims no, that he is exempt as a farm laborer. Is this true? Have contacted labor board and the gave another number to contact which is ALWAYS busy.
We feel stuck, and afraid if we confront the grower (farm owner) about this he will fire him when all we want is what he is entitled to under the law.
Grower holds contract w/major producer who supplies the birds and ''grow'' until ready for slaughter. My understanding is that the poultry producer is supposed to make sure employeess are paid properly.
Husband also does other farm work on farm.
HELP!!
2 Answers from Attorneys
Re: Poultry House /Farm Labor exempt from Min. Wage Law?
You may have a claim against that employer, if they did not pay overtime. It depends on how many people are employed by the farm. Feel free to send me an e-mail, and I can provide you with a short questionnaire that will help me evaluate whether you have a claim. No cost for this consultation, and if we make any claim, it will be no fee unless you recover. You can e-mail me directly at [email protected]
Re: Poultry House /Farm Labor exempt from Min. Wage Law?
There is an agricultural exemption from minimum wage and maximum hours provision of the Fair Labor Standards Act, but all such exemptions are to be narrowly construed against the employer. From your description, the only one that could apply is if your employer, "did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor . . ." Thus small farming operations are generally exempt but larger farms employing numerous workers may find themselves afoul of the law.
Thus the answer to your question depends on how many people worked on the farm in the past year and whether they exceeded the 500 hours/quarter threshold.
That being said, vote with your feet. There are better jobs out there, and if your employer doesn't want to pay you a decent livable wage, then find another job.
Good luck.
Sterling L. DeRamus
Attorney at Law
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