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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.