Employment Law for Business 6th Edition by Dawn Bennett Alexander ,Laura Hartman

Exercise 4

A Christmas tree grower used seasonal help to assist in harvesting Christmas trees and did not pay them overtime wages since the growers deemed the employees as engaged in agriculture, which is exempted from the overtime provisions. DOL argued that the planting, fertilizing, and all other tasks relevant to growing the trees was performed by others who were agricultural workers exempted from the overtime provisions. However, they argued, since the seasonal employees only harvested the trees, they were not engaged in agriculture, but rather in forestry and lumbering, which requires the payment of overtime wages. Which view prevails? [ DOL v. N.C. Tree Growers Association, Inc., 377 F.3d 345 (4th Cir. 2004).]