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.
