Legal Question in Employment Law in Alabama

Overtime Laws & Exemptions

If I work each year in a store as a cashier-clerk payed hourly at an apple orchard that is open only 7mos. of the year, do the seasonal-agricultural exemptions apply to me or am I entitled to overtime for hours worked over 40hrs per week? Thank You in advance for your answer!


Asked on 4/06/09, 9:37 am

1 Answer from Attorneys
Gerald Miller Redden, Mills & Clark

Re: Overtime Laws & Exemptions

Good question! The overtime statute (FLSA) is quite technical and it is obvious you have some familiarity with it. I do not think the seasonal exemption would apply because the store is not recreational, etc. in nature. The agricultural exemption is a more difficult question. I believe you may be entitled to overtime if the store sells anything in addition to apples grown at the orchard, such as snacks or soft drinks, for example. Please e-mail me or call me to discuss this further.

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Answered on 4/10/09, 5:48 pm


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