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I am a seasonal worker, and have worked for the same company

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and have done the same...
I am a seasonal worker, and have worked for the same company and have done the same job for the last 40 yrs. I pack pears. I sit out an average of 6 to 8 hrs a week with out pay, do to brake downs or lack of work. They say, that is to be expected. Shouldn't we be getting compensated for our time?
Submitted: 1 year ago.Category: Employment Law
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Answered in 7 hours by:
8/21/2016
Employment Lawyer: N Cal Attorney, Lawyer replied 1 year ago
N Cal Attorney
Category: Employment Law
Satisfied Customers: 9,528
Experience: Since 1983
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I am sorry to hear this. I have to ask in which State you harvest the pears.

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Customer reply replied 1 year ago
Washington State
Employment Lawyer: N Cal Attorney, Lawyer replied 1 year ago

http://www.lni.wa.gov/WorkplaceRights/Agriculture/Wages/default.asp

states:

"Minimum wage does not apply for any individual if all the following requirements are met:

  • The individual is employed as a hand-harvest laborer; and
  • The individual is paid on a piece rate basis in an operation where such payment is customary; and
  • The individual is a permanent resident and commutes daily from his or her own residence to the farm; and
  • The individual has been employed in agriculture less than 13 weeks in the preceding calendar year.

For example, someone (an adult or minor) who works less than 13 weeks per year harvesting berries during berry season, but does not normally work in an agricultural job at any other time, does not have to be paid minimum wage. Migrant farmworkers are not exempt."

    Do you fit within the above description?

    Ask Your Own Employment Law Question
    Employment Lawyer: N Cal Attorney, Lawyer replied 1 year ago

    http://www.lni.wa.gov/WorkplaceRights/Wages/HoursBreaks/Hours/default.asp​

    states:

    "Hours worked" means all hours during which the worker is authorized or required by the business to be on the premises or at a prescribed work place. This could include travel time, training and meeting time, wait time, on-call time, and time for putting on and taking off uniforms, and also may include meal periods.

    If you are not paid by the bushel and are not otherwise exempt from the minimum wage law, then you should be getting paid for time spent waiting for a breakdown to be fixed or time that you are at the job waiting to be assigned a task.

    The usual remedy is to file a wage complaint with DLI, see

    http://www.lni.wa.gov/workplacerights/wages/payreq/wages/default.asp

    I hope this information is helpful.

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