11/26/07 Nursery overtime pay in question

Nurseries are supposed to be exempt from paying overtime under the federal agricultural exemption. However the US Department of Labor says that nurseries are only exempt if plants are starters or seedlings and they must be in the ground. Washington State attorney Douglas Ehlke says the Labor Department is citing, threatening and fining nursery owners in his state for failing to pay overtime wages. 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. 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." Ehlke says if the Department of Labor isn't challenged their interpretation may set a precedent. Voice of Idaho Agriculture Bill Scott