FOLLOW US

America February 18, 2025 3 mins read

Epic Landscape Overtime Lawsuit: Company Fights Wage Claims in Federal Court

America ı By Rihem Akkouche

0 Comments

Epic Landscape overtime lawsuit

Epic Landscape Productions LC is pushing back against claims that it failed to pay overtime wages, urging a Kansas federal court to throw out the lawsuit. The company argues that its workers, including U.S. citizens and H-2B visa holders, fall under federal exemptions that nullify their overtime claims.

Interstate Commerce Exemption: A Loophole or Legitimate Defense?

Epic asserts that its employees, by loading trucks and conducting safety checks, are engaged in interstate commerce and thus exempt under the Fair Labor Standards Act (FLSA) via the Motor Carrier Act (MCA). The company cites precedent showing that even workers spending as little as 4% of their time on interstate duties qualify for this exemption.

"All of Epic’s foremen and laborers either crossed state lines or were on call to do so," the company stated. "Additionally, all of these workers perform safety-affecting duties on vehicles used in interstate commerce, meeting the MCA exemption."

Agricultural Worker Exemption: Does Landscaping Count?

Epic also claims its workers qualify for the FLSA’s agricultural exemption, typically reserved for farmers and laborers involved in planting and cultivating crops. The company argues that its nursery workers—who plant and care for trees and plants—fit this definition, even if Epic is not a traditional farm.

"The fact that Epic is not a 'farm' in the classic sense does not exclude its nursery from the agricultural exemption," the company asserted.

The H-2B Visa Dispute: Contract or Mere Application?

The lawsuit also hinges on whether Epic’s H-2B visa applications constituted contractual agreements promising overtime pay. The plaintiffs argue that the applications contained an implied obligation, while Epic counters that these documents were submitted to the Department of Labor, not the workers themselves.

"Plaintiffs never saw the H-2B applications or knew of their contents," Epic said. "Some workers even acknowledged that Epic had made it clear overtime would not be paid."

The Scope of the Class Action

The lawsuit, filed in May 2022, gained momentum in October when the court certified three worker classes:

  1. U.S. citizens and H-2B employees in Missouri from May 30, 2019, to July 4, 2021, who were denied overtime.
  2. H-2B employees from May 30, 2017, to July 4, 2021, whose visa applications allegedly promised overtime but were not paid.
  3. U.S. citizens classified as third-party beneficiaries of Epic’s H-2B contracts, entitling them to the same wages as foreign workers, including overtime.

A separate collective action covers all current and former lawn and landscape workers from April 28, 2020, onward, with 250 workers opting in.

Epic's Defense: Compliance and Safety

Alan L. Rupe, Epic’s attorney, dismissed the claims, stating that the company follows wage and hour laws while ensuring safety compliance for interstate transportation.

"We are confident our motion for summary judgment will prove our compliance with applicable laws and expose the flaws in the plaintiffs' theories," Rupe said.

Attorneys for the workers did not immediately respond to requests for comment.

Previous Article

Boston Children’s Hospital Reaches Settlement in Retirement Plan Lawsuit

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 28, 2026 Reported FEC Cyberattack Disrupts Filings Before Midterms By – Michallie K Harrison
America October 28, 2026 Pentagon Ketamine Contract: $41M Deal Under Fire By – Michallie K Harrison
America October 28, 2026 Flávio Bolsonaro in Florida: Visa Approved, Extradition Unclear By – Michallie K Harrison
America October 28, 2026 CDC Warns Drug-Resistant Germs Threaten Modern Medicine By – Michallie K Harrison
America October 27, 2026
Ted Bundy New Murder Case: DNA…

More than five decades after a Utah teenager was found…

By – Rachel Moore
America October 27, 2026
AT&T Settlement Payments: When Customers Could…

Millions of AT&T customers affected by two major data breaches…

By – Rachel Moore
America October 27, 2026
USAA Auto Insurance Rates Drop 7%…

Nearly half a million Florida drivers insured through USAA are…

By – Tyler Brooks
America October 27, 2026
Guidewire to Buy Hyperexponential in $2.1…

Insurance technology provider Guidewire is making a major move into…

By – Tyler Brooks
America October 27, 2026
Savannah Chrisley Announces Pregnancy and Engagement:…

Reality TV star Savannah Chrisley is preparing for a new…

By – Tyler Brooks
America October 27, 2026
Susan Saint James Dies at 80:…

Susan Saint James, the Emmy-winning actress celebrated for her roles…

By – Tyler Brooks
America October 27, 2026
Susan Saint James, Emmy-Winning Star of…

Susan Saint James, the Emmy-winning actress whose spirited performances in…

By – Jackie Allen
America October 27, 2026
Trump and Nicki Minaj Make a…

OPINION | Trump and Nicki Minaj turned a Michigan campaign…

By – Michallie K Harrison
America October 27, 2026
FAMU Shooting: Boy, 15, Faces 11…

TALLAHASSEE, Fla. — A 15-year-old boy faces 11 attempted murder…

By – Michallie K Harrison
America October 27, 2026
New Trump Rape Allegation Detailed in…

WASHINGTON — A new rape allegation against President Donald Trump…

By – Michallie K Harrison
America October 27, 2026
Ariel School UFO: 62 Children and…

The Ariel School UFO case began with children returning from…

By – Michallie K Harrison
America October 26, 2026
Thomas Markle: Investigation Continues as Meghan’s Estranged…

CEBU, Philippines — Thomas Markle, the retired Hollywood lighting director…

By – Jackie Allen
America October 26, 2026
European Protests Spread Across Major Cities…

MILAN, Italy — European Protests over rising living costs, housing…

By – Jackie Allen
America October 26, 2026
FORTRESS America: Bases Prepare for 90-Day…

Under FORTRESS America, the Pentagon is preparing major U.S. military…

By – Michallie K Harrison
America October 25, 2026
Timothy Busfield Child Sex Abuse Indictment…

ALBUQUERQUE, N.M. — Actor and director Timothy Busfield, known for…

By – Jackie Allen
America October 25, 2026
Christina Applegate Reveals Multiple Sclerosis Misdiagnosis,…

LOS ANGELES — Christina Applegate, the Emmy-winning actor known for…

By – Jackie Allen
America October 25, 2026
Atlanta Rapper Sentenced to Six Years…

ATLANTA — An Atlanta Rapper who admitted to participating in…

By – Jackie Allen
America October 24, 2026
Wrongful Conviction Reversed: DNA Evidence Leads…

DALLAS — A decades-old murder case that resulted in a…

By – Jackie Allen
America October 26, 2026
Gas Hits $4.28 a Gallon as…

WASHINGTON, D.C. — Eight days before Americans vote in the…

By – Derek Johnson
America October 23, 2026
Lying to Congress: Two Former FBI…

WASHINGTON — Lying to Congress is at the center of…

By – Jackie Allen
America October 23, 2026
Cybersecurity Experts Warn Users to Strengthen…

Cybersecurity experts are urging consumers and businesses to strengthen their…

By – Jackie Allen
America October 23, 2026
Air Force Tech. Sgt. Ian Patterson…

Friends, family and fellow service members are remembering Air Force…

By – Jackie Allen
America October 23, 2026
Wall Street Rattled: Nasdaq Plunges 2.6%…

NEW YORK — A fresh wave of doubt about the…

By – Derek Johnson
America October 22, 2026
Pope Leo XIV Needs No Further…

VATICAN CITY — Pope Leo XIV will not require additional…

By – Jackie Allen
America October 23, 2026
Humana and UnitedHealthcare Cancel Medicare Advantage…

Nearly 1 million Americans are facing a shake-up in their…

By – Tyler Brooks
America October 21, 2026
News Overload Can Fuel Anxiety and…

News keeps people informed about wars, political conflict, public safety…

By – Jackie Allen
America October 21, 2026
Children’s Mercy Insurance Coverage Changes: Kansas…

Children’s Mercy Hospital in Kansas City will no longer participate…

By – Rachel Moore
America October 21, 2026
Texas Trans Texts Spark Election Propaganda…

News Analysis | Texas voters began casting early ballots Monday,…

By – Michallie K Harrison
America October 20, 2026
Extreme Heat Is Spreading and Lasting…

An extreme heat event lasting 367 days touched nearly 85%…

By – Michallie K Harrison
America October 16, 2026
HealthSplash VP 18 Months Sentencing Rewards…

Cooperation can shave years off a prison term, but it…

By – Tyler Brooks
America October 23, 2026
Connor Hellebuyck Traded to New Jersey…

The New Jersey Devils have made a major move to…

By – Tyler Brooks
America October 19, 2026
Information Ecosystem: Five Tools to Detect…

The information ecosystem is increasingly vulnerable to misinformation. There are…

By – Jackie Allen
America October 19, 2026
An Airman Died After a Pregame…

By Michallie K. Harrison | Opinion Tech. Sgt. Ian Patterson’s…

By – Michallie K Harrison
America October 16, 2026
NFL Player $300M Hip Surgery Lawsuit…

Athletes bet their bodies on surgeons the way pilots bet…

By – Tyler Brooks
America October 16, 2026
Russian Drone Strikes Hit American Businesses…

Russian drone strikes against American-linked businesses in Ukraine are raising…

By – Jackie Allen
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter