11/20/07 Department of Labor targets nurseries on overtime

Washington Ag November 20, 2007 Nurseries are supposedly exempt from paying overtime under the agricultural exemption included in federal law. However, the U.S. Department of Labor is now saying its interpretation of the law is that nurseries are only exempt if plants are starters or seedlings, and must be in the ground. Seattle attorney Douglas Ehlke says the Department of Labor is citing, threatening, and fining nursery owners for not paying overtime. Ehlke: "And that is fairly serious because you can get up into six figures pretty quickly with doubling or tripling of overtime issues as they go back in time to assess each member that they find was not paying overtime pay. And that's really difficult because the nurseries are exempt in the federal regulation." Ehlke says if nurseries don't begin challenging the Department of Labor the fines will continue to be imposed. Ehlke: "It is there. It is in front of us and we've got to know that it is there and work as group against this kind of thing because this is a wrong application of the law." And Ehlke says if the Department of Labor isn't challenged there interpretation may set a precedent. I'm Bob Hoff.