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CHAO v. NORTH CAROLINA GROWERS ASS'N

No. 5:99-CV-7-V.

280 F.Supp.2d 500 (2003)

Elaine CHAO, Secretary of Labor, United States Department of Labor, Plaintiff, v. NORTH CAROLINA GROWERS ASSOCIATION, Sexton Tree Farms and Sexton Associates, Highland Fraser Firs, and New River Tree Co., as joint employers, Defendants.

United States District Court, W.D. North Carolina. Statesville Division.

September 4, 2003.

Attorney(s) appearing for the Case

Dana L. Ferguson, Channah S. Broyde, Atlanta, GA, for plaintiff.

W. R. Loftis, Constangy, Brooks & Smith, LLC, Winston-Salem, NC, Monte B. Lake, Robert E. Williams, Christine M. Cooper, McGuiness & Williams, Washington, DC, for defendants.

ORDER

VOORHEES, District Judge.

THIS MATTER is before the Court upon the parties' cross-motions for summary judgment. The critical issue in this case of first impression is whether Defendants' employees are "employed in agriculture" such that Defendants are exempt from paying overtime wages pursuant to the Fair Labor Standards Act (hereinafter "FLSA" or "the Act"), 29 U.S.C. § 201 et seq.

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