Overtime Exemptions - New Salary Test Put on Hold
Philip J. Ripani
Bose McKinney & Evans The federal law which addresses overtime and minimum wages in agricultural employment is the Fair Labor Standards Act enacted in 1938 (FLSA). The FLSA provides to certain agricultural employers exemptions for payment of minimum wages and for payment of overtime wages. This article will address certain changes to overtime requirements applicable to those operations not included within the definition of agriculture under the FLSA.
Agricultural Overtime Exemption
First, in order to enjoy the exemption from payment of overtime wages for agricultural employment, the employer must be engaged in agriculture, which is defined under the FLSA in this way:
"Agriculture includes farming in all its branches and…includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities…the raising of livestock, bees, fur-bearing 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."
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