Legal Question in Employment Law in Ohio
Compensatory time
I am a blue collar landscaping/mowing crew supervisor engaged in daily heavy labor. At present I am working approx. 60 - 70 hrs. per week, but only compensated for 40. The remaining time is ''banked'' to be paid out during what is referred to as ''down time''. This practice keeps the landscaper employed during the off season, but does not provide compensation for the pay period in which the time is accrued. Employer will NOT give the overtime...says we are ''exempt'' that she is protected because her business is ''agricultural'' (we mow and plant flowers...we don't grow anything or produce our own flowers or trees). Everything I find at the DOL says that she is in violation of several laws, but she insists that she is not. Are landscape laborers non-exempt? Doesn't she have to pay overtime during the period in which is accrued, not six months later? Thanks so much for your help!
2 Answers from Attorneys
Re: Compensatory time
Based on the information provided in your post, it does not sound like you meet the agricultural worker exemption of the Fair Labor Standards Act and thus, are subject to the federal minimum wage and overtime laws. In addition to potentially violating federal law, the employer may be in violation of Ohio law which requires the semi-monthly payment of wages. You may be able to obtain recourse by filing a complaint with the U.S. Department of Labor (complaint forms can be found on the DOL�s website). You can do so at no cost and without an attorney. If you do choose this route, keep in mind that the employer is prohibited by law from retaliating against you for filing a complaint and therefore, to protect your interests, you should document all communications with and actions of the employer that may later be construed as retaliatory.
Re: Compensatory time
The wage laws,federal and state support your case. Exemption is not without exception and limitation.
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