The U.S. Department of Labor obtained a consent judgment to recover the money after twenty workers were denied overtime pay by an Oklahoma farm and landscape store.
Robert K. Cook, the operator of Rob’s Sod and Cook’s Farmland Enterprises, was considered responsible for not complying with the agriculture exemption for retail workers.
When Cook’s employees worked more than 40 hours per week, they did not receive overtime.
Michael Speer, the director of the U.S. Department of Labor’s Wage and Hour Division for the Oklahoma City District office, said the investigation lasted a year and a half.
Aside from selling sod grass, which falls under an agricultural entity, Cook also has a retail establishment, where things like fertilizer are sold. Employers are not required to pay agricultural workers overtime. However, they are required to pay retail workers when they work extra hours.
“The employer (Cook) did not recognize that the workers in the retail building were not engaged in agricultural work, and he failed to pay them overtime,” Speer said. “
Speer said Cook’s case could be a learning moment for employers across the state and an incentive to understand how their operations relate to federal labor laws.
“If we can educate everybody, we can reduce the number of violations, number of problems, number of workers not being paid property, and the number of employers operating out of compliance, unknowingly, not intentionally,” Speer said. “We can correct that without The Department of Wage and Hour Division even having to be involved.”
Workers can contact the Wage and Hour Division by phone or visit their website if they suspect any issues with their work environment.
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