Are agricultural workers exempt from overtime in massachusetts

work are exempt from overtime. This is true under both Massachusetts and federal law. An employee doing agricultural work, as that term is more narrowly defined in Massachusetts, for an entire workweek need not be paid overtime.

What jobs are exempted from overtime in Massachusetts?

A variety of occupations are completely exempt from overtime under Massachusett’s overtime law, including janitors with living quarters, salespeople, apprentices and learners, fishermen, any seasonal employees, farm workers, seamen, and nonprofit school employees.

Are bus drivers exempt from the overtime statute in Massachusetts?

Casseus v. Eastern Bus Company, Inc., 478 Mass. 786 (2018) An employer with a common carrier license is exempt from the Mass. overtime statute. Thus, “all common carrier employees, even those who do not operate buses or perform any duties related to the common carrier statute, are exempt from the overtime requirement.

Should bean sprouts be paid overtime in Massachusetts?

The overtime exemption for “agriculture and farming” in Massachusetts includes “only the work of planting, raising, and harvesting crops,” and so employees who ” cleaned, inspected, sorted, weighed, and packaged… bean sprouts” should have been paid overtime for work in excess of 40 hours per week.

What is the Massachusetts minimum fair wage law for part-time employment?

The Massachusetts Minimum Fair Wage Law does not distinguish between full-time or part-time employment, and both types of employees are covered by the law. As a general matter, work schedules are a matter of agreement between an employer and employee (or the employee’s representative), with the exception of certain child labor provisions.


Who is exempt from paying overtime in Massachusetts?

Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. External salespeople (who often set their own hours) are also exempted from MA overtime requirements, as are some types of computer-related workers.


What is an exempt employee in Massachusetts?

Under Massachusetts law, exempt employees (also known as salaried employees) typically include administrators, executives and professional workers who do not get overtime pay – they make the same amount each week, no matter how many hours they work.


Are farmers included in labor force?

The agricultural labor force in California includes farmers, managers, consultants and other technical service providers as well as many relatively low wage hired farm workers.


Why are agricultural workers not covered by NLRA?

The NLRA protects this bargaining process and the parties involved. Agricultural laborers are one of only two classes of workers excluded from the protection of the NLRA. NLRA because of their exclusion from the definition of “employee,” there is no mention that agricultural laborers are forbidden from forming unions.


Do salaried employees get overtime in Massachusetts?

According to Massachusetts and Federal laws, Massachusetts executive and/or managerial employees are entitled to be paid overtime unless they are (1) paid a guaranteed salary of at least $684/week and (2) perform certain types of duties.


What is exempt employee?

Simply put, an exempt employee is someone exempt from receiving overtime pay. It is a category of employees who do not qualify for minimum wage or overtime pay as guaranteed by Fair Labor Standard Act (FLSA). Exempt employees are paid a salary instead of hourly wages and their work is professional in nature.


Who are agricultural workers under labor code?

(f) “Plantation Agricultural Workers” means those agricultural workers employed in any plantation or agricultural enterprise with an area of more than 24 hectares in a locality or which employs at least 20 workers. All other agricultural workers are considered non-plantation agricultural workers.


What type of work is agriculture?

What are agriculture careers? Agriculture careers are professionals paths related to farming, cultivation and animal husbandry. These career paths involve everything from growing crops and nurturing the soil to raising livestock like cattle, pigs and chickens.


What is classed as agricultural work?

An agricultural worker is someone who works in: farming and rearing animals. growing produce including non-edible crops like bulbs, plants and flowers. forestry, market gardens and nurseries.


Who is exempt from NLRA?

Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for …


When did farm workers get their rights?

The Migrant and Seasonal Agricultural Worker Protection Act of 1983 is the principal federal employment law for farm workers.


Who are excluded in the coverage of the Labor Code?

Article 82 of the Labor Code states that employees under all establishments and undertakings need to complete a certain set of working hours, except: Government employees. Managerial employees.


Definition of Agricultural Worker Under State Law


Wages and Overtime

  • Minimum Wage
    1. Massachusetts has a state minimum wage law. (MASS. GEN. LAWS ANN. ch. 151) 2. The current state minimum wage rate is $13.50. 3. The minimum wage rate will change within next few years: 4. January 1, 2022: $14.25 5. January 1, 2023: $15.00 1. Agricultural workers have a l…
  • Overtime
    1. Massachusetts has a state law regulating overtime pay. (MASS. GEN. LAWS ANN. ch. 151, § 1A). 2. Agricultural workers are excluded from the state overtime law. Laborers engaged in agriculture and farming on a farm are exempt from overtime pay. (MASS. GEN. LAWS ANN. ch. …

See more on farmworkerjustice.org


Occupational Safety and Health


Right to Join Unions and Collective Bargaining in Agriculture


State Legal Services Organizations

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