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OCHOA v. WEISENSEE RANCH, INC.

C11-078; CA A43902.

763 P.2d 173 (1988)

93 Or.App. 520

Miguel OCHOA, Appellant, v. The WEISENSEE RANCH, INC., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 26, 1988.

Attorney(s) appearing for the Case

Nargess Shadbeh, Woodburn, argued the cause and filed the brief for appellant.

Barry L. Adamson, Portland, argued the cause for respondent. With him on the brief was Williams, Fredrickson, Stark & Weisensee, P.C., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff appeals from the decision of the trial court holding that his work on defendant's Christmas tree farm constitutes agricultural employment under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq, and that, therefore, he is not entitled to overtime pay for those weeks in which he worked more than 40 hours.

Defendant moved to dismiss the appeal on the ground that the amount in controversy is less than...

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