The U.S. Court of Appeals for the Sixth Circuit took the bait, and held that worm farmers are exempt from overtime under the Fair Labor Standards Act in a recent decision, according to J. William Manuel of Bradley Arant Boult Cummings.
The FLSA requires employers to pay overtime when workers put in an excess of 40 hours in a week. But it carves out many exceptions, including one for an “employee employed in agriculture,” explains Manuel. The farm at issue, Silver Bait, in rural Tennessee, houses, grows and packages bait worms for retailers. “Workers on the farm place baby worms onto beds, feed the worms and eventually harvest them for delivery to bait shops,” says Manuel. Not your typical carrots or beets!
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