Takeaway: The Fair Labor Standards Act (FLSA) requires that all nonexempt employees receive minimum wages and overtime compensation. While the FLSA exempts workers in certain industries, like agriculture, from these requirements, courts generally read these exemptions narrowly. If an employee can reasonably argue that an exemption does not apply, the employee can likely pursue an FLSA claim.
An employee who worked under the H-2A visa program for agricultural workers arguably did not fit within the Fair Labor Standards Act (FLSA) exemption for agricultural employees, according to a 7th U.S. Circuit Court of Appeals decision.
Signet Builders Inc. is a nationwide construction company that builds commercial, industrial and agricultural structures. In 2019, Signet hired the plaintiff, a Mexican citizen, to build livestock confinement facilities. The plaintiff worked in the United States under the H-2A visa program administered by the U.S. Department of Labor (DOL).
The H-2A visa program authorizes foreign workers to perform agricultural work in the U.S. on a temporary basis. To obtain these visas for workers, the employer must show that there are too few domestic workers willing and able to do the work needed and that the use of guest workers will not undercut local workers' wages and working conditions.
The plaintiff said he was hired by Signet as a subcontractor and assigned to build livestock structures in Wisconsin and Indiana. His work consisted entirely of constructing...
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