Legal Question in Employment Law in Florida

Agriculture overtime exemption

My wife worked for an agriculture company (livestock), for 2 years. She worked as a receptionist/data entry clerk in the office, full time. Pay was based upon a 40 hour workweek and paid weekly. Hours worked at the above mentioned job above 40 hours in a workweek were paid at her straight hourly wage. She did not receive pay at 1-1/2 times her hourly rate of pay, for work over 40 hours in the workweek. The company claimed agriculture overtime exemption. She was not a salaried employee. Under CFR Title 29, Chapter V, Part 780, I did not see where the company could claim the exemption on her. Does she have a claim on the unpaid overtime? And how long since her seperation does she have to file a claim? Where does she file a claim for the unpaid overtime? Thanking you in advance,


Asked on 1/30/02, 10:16 pm

1 Answer from Attorneys
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: Agriculture overtime exemption

More facts would be necessary to determine if she has a claim under the FLSA, but generally, for an employer to benefit from the agricultural exemption, the employee must actually be engaged in an agricultural function, such as raising livestock. A secretary would not normally perform such duties and would not be exempt.

This is not intended to provide legal advice. Please consult with legal counsel for a full analysis of the issues.

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Answered on 1/31/02, 9:38 am


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