Landscape Workers’ Suit Seeking Overtime Pay Heads for Trial

Seasonal employees hired under the H-2B visa program to work for a lawn and landscaping company may proceed with their proposed class and collective action suit seeking overtime pay, a federal court said.

Neither Epic Landscape Productions LC nor the plaintiffs were entitled to summary judgment on the issue as to whether the workers were exempt from the Fair Labor Standard Act’s overtime requirement under the Motor Carrier Act—an agricultural exemption, Judge Julie A. Robinson said Wednesday for the US District Court for the District of Kansas. But the plaintiffs were entitled to summary judgment concerning whether they were exempt ...