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N Cal Attorney
N Cal Attorney, Lawyer
Category: Employment Law
Satisfied Customers: 9337
Experience:  Since 1983
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I am a seasonal worker, and have worked for the same company

Customer Question

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: 11 months ago.
Category: Employment Law
Expert:  N Cal Attorney replied 11 months ago.

I am sorry to hear this. I have to ask in which State you harvest the pears.

Customer: replied 11 months ago.
Washington State
Expert:  N Cal Attorney replied 11 months ago.


"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?

    Expert:  N Cal Attorney replied 11 months ago.​


    "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

    I hope this information is helpful.