Am I entitled to overtime pay?

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Am I entitled to overtime pay?

I work for a farming company that harvests other farmer’s crops. We harvest the crop, transport it to our plant, process, package, freeze and sell said crops. I work in the field with the harvesting equipment, working anywhere from 80-200 hours, every two weeks during harvest season, averaging around 140 hours.The company employs over 30 employees during the harvest season, putting them well beyond the 500 man-day test. My understanding is that because they have more than 500 man-days in the year (every year), they do not qualify to be exempt from paying their employees overtime pay. Am I correct in thinking that I should be getting paid overtime for my work?

Asked on January 19, 2013 under Employment Labor Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you are on a salary and your job description as an employee as opposed to an independent contractor defines you as a manager, you are entitled to overtime pay under the laws of all states in this country for any time worked more than eight (8) hours per day and/or forty (40) hours per week.

Based upon the average work week of seventy (70) hours, you seem to have thirty (30) hours of overtime pay per week coming to you. I suggest that you discuss this issue with your employer for resolution and if such cannot be resolved to your satisfaction, consult with a labor law attorney and/or a representative with your local department of labor.


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