Learning Lab

What's New in FLSA Representation: Overtime for Farmworkers, Collective Action Changes, and More

This workshop will cover the basics of the agricultural overtime exemption, but will focus on the exemptions to the exemption - when farmworkers may actually be entitled to overtime. We will look at claims involving packinghouse workers, camp cooks, drivers, and more. There will be a focus on how to develop evidence to support your overtime claims.

  • Describe the overtime exemption for farmworkers.
  • Identify examples of situations where farmworkers may be entitled to overtime pay.
  • Understand that eligibility for overtime is assessed on a workweek basis.
  • Draft overtime claims for farmworkers, when appropriate.

Carol Brooke, JD

Senior Staff Attorney

NC Justice Center

Carol Brooke is a Senior Attorney with the Workers’ Rights Project at the North Carolina Justice Center. Carol represents farmworkers, H-2B workers, and other low wage workers, with a particular focus on class action litigation. Carol’s litigation and advocacy efforts focus on minimum wage and overtime violations, other forms of wage theft, occupational safety and health, violations of agricultural worker protections, worker misclassification, and non-compete agreements. Carol graduated from the University of North Carolina School of Law, and received a Masters of Public Health degree from the University of Michigan. Before attending law school, Carol worked as a public health educator with a non-profit organization that provided education and advocacy for low-income poultry processing workers in North Carolina

Jenny Zimmermann, JD

Legal Manager

Justice in Motion

Jenny Zimmermann is a Legal Manager with Justice in Motion’s Legal Action team. Prior to her current role, Jenny was a staff attorney at Legal Action of Wisconsin’s Farmworker Project for several years where she represented farmworkers on employment litigation, employment discrimination/sexual harassment claims, worker’s compensation claims and applications for T and U nonimmigrant status. Prior to her work representing farmworkers, Jenny worked for an immigration law firm, as a bilingual legal advocate for survivors of domestic violence, and for a Latina community organization. Jenny earned her J.D. at the University of Wisconsin Law School in Madison, Wisconsin, and her B.A. in Spanish and International Relations (with an emphasis on Latin America and Governance, Peace and Justice) from the University of Minnesota in Minneapolis, Minnesota.

Peter Murray

Peter Murray is an attorney with the Agricultural Worker Project in Minnesota. Peter represents farkworker clients in state and federal court and in agency proceedings. Peter has experience investigating, litigating, and resolving cases involving the Fair Labor Standards Act, Migrant and Seasonal Agricultural Worker Protection Act, H-2A regulations, and Minnesota state labor and discrimination laws. Before the Agricultural Worker Project, Peter was a judicial law clerk in Minnesota and a law clerk with the National Labor Relations Board field office.

Trent Taylor, n/a

Staff Attorney

Colorado Legal Services, Migrant Farmworker Division

Trent Taylor is a Staff Attorney for Colorado Legal Services' Migrant Farmworker Division. Trent has been practicing as an employee side labor and employment attorney for over 14 years. Prior to joining Colorado Legal Services as its Staff Attorney in 2024, Trent served as Farmworker Justice's Staff Attorney for 3 years, where he, along with FarmStand and Jenifer Rodriguez of Colorado Legal Services, represented intervenor-defendants in a number of grower-led challenges to state migrant worker camp access provisions. Trent's experience extends to all levels of litigation, including trial and appeals, and has represented workers and their unions under a variety of statutes including the Fair Labor Standards Act (FLSA), the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), National Labor Relations Act (NLRA), Railway Labor Act (RLA), Employment Retirement Income Security Act (ERISA), Trafficking Victims Protection Act (TVPA),The Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Norris LaGuardia Act (NLGA).

Erica Sweitzer-Beckman, Attorney

Farmworker Project Attorney

Legal Action of Wisconsin

Erica Sweitzer-Beckman is a Farmworker Project Attorney with Legal Action of Wisconsin. Erica has been a civil legal aid attorney for over a decade and has represented farmworkers for most of her legal career. Erica represents farmworkers in a variety of legal claims --including cases under the Agricultural Worker Protection Act, Wisconsin’s Migrant Labor Act, and state and federal administrative complaints. Attorney Sweitzer-Beckman also serves as Vice Chair of the Governor’s Council on Migrant Labor. She is admitted in the State of Wisconsin, the Eastern and Western Districts of Wisconsin, and the United States Court of Appeals for the Seventh Circuit.

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