I WORK 44 HOURS STRAIGHT TIME EVERY WEEK.,WHY?
I HAVE WORKED FOR A MAJOR AGRICULTURE EQUIPMENT DEALERSHIP FOR 33 YEARS,IT IS OWNED BY A FARM FAMILY.WE HAVE APPROX 33 EMPLOYEES AND GROSS SALES ANNUALLY 8-10 MILLION.OUR STANDARD WORK WEEK IS 44 HOURS STRAIGHT TIME FOR 6 DAYS M-F 8-5. SAT 8-12NOON.OT PAID LIBERALLY AFTER 44 HRS WORKED.DOES THIS 44 HR WEEK FALL UNDER AG EXEMPTION?? ALL EMPLOYEES REGARDLESS OF TITLE ARE TREATED THIS WAY.IS THIS EXTRA 4 HOURS STRAIGHT TIME LEGAL?
1 answer | asked Jan 8, 2007 11:08 PM [EST] | applies to Ohio
Answers (1)
Salesmen, partsmen and mechanics selling farm equipment are exempt from federal overtime
Your employer's practice of not paying overtime for the first four hours of overtime is probably lawful. Federal law requires payment of overtime for hours worked in excess of 40 in a week. That law has many exemptions. One of the exemptions, found in 29 USC section 213(b)(10)(A), allows employers not to pay overtime to "any salesman, partsman, or mechanic primarily engaged in selling or serviceing automobiles, trucks or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to the ultimate consumer."
Regards,
Neil.
posted by Neil Klingshirn | Jan 9, 2007 1:25 PM [EST]
Your employer's practice of not paying overtime for the first four hours of overtime is probably lawful. Federal law requires payment of overtime for hours worked in excess of 40 in a week. That law has many exemptions. One of the exemptions, found in 29 USC section 213(b)(10)(A), allows employers not to pay overtime to "any salesman, partsman, or mechanic primarily engaged in selling or serviceing automobiles, trucks or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to the ultimate consumer."
Regards,
Neil.
posted by Neil Klingshirn | Jan 9, 2007 1:25 PM [EST]
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