Employment & Labor Law
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Ares v. Diaz Farms, Inc.
16 Fla. L. Weekly Fed C207
Plaintiff was employed as a general laborer at a landscaping and farming joint enterprise. Plaintiff alleged that Diaz enterprises employed approximately ninety employees who worked fifty to sixty hours per week without being paid overtime. Plaintiff claimed that Diaz Landscaping (his employer) was an independent corporation from the farming component. He further claimed that because Diaz Landscaping was engaged in leasing land and employees, rather than agricultural work, its employees did not fall under the agricultural employee exception of the FLSA. The court found that the landscaping and farming components were merely parts of a family business and that the availability of the overtime exemption does not turn upon the technicalities of corporate organization. Furthermore, the plaintiff had engaged in agricultural duties
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