Farm Construction Not Necessarily OT-Exempt, 7th Circ. Says 1 Farm Construction Not Necessarily OT-Exempt, 7th Circ. Says

Farm Construction Not Necessarily OT-Exempt, 7th Circ. Says

By Caleb Drickey (August 22, 2022, 4:26 PM EDT) — The Seventh Circuit found that a lower court jumped the gun in concluding that a construction worker who built farm buildings was an overtime-exempt agricultural worker, reviving his Fair Labor Standards Act claims.

In a published opinion issued Friday, a unanimous three-judge panel held that the district court failed to determine whether building livestock pens for an independent construction firm qualified as overtime-exempt farm work before dismissing worker Jose Ageo Luna Vanegas’ proposed collective action against Signet Builders Inc.

“The district court adopted too narrow a focus when it looked only at the work that Luna Vanegas performed as an employee,…