Nursery Worker

Job duties

Original text, as filed with the Department of Labor.

Nursery Worker: The below duties are all performed at nursery and Moon Valley farm property locations in the San Diego-Chula Vista-Carlsbad, CA Metropolitan Statistical Area. Plant, grow, sell and install shade, ornamental and evergreen trees and other landscape plant material such as shrubs, annual and perennial plants, grasses, ground-covers and bulbs on farm/nursery properties. Installing drip irrigation for plant stock on farm properties. Building tree boxes and light vehicle maintenance. Digging holes with a shovel or trowel and installing plant material such as trees, shrubs, annual and perennial plants, ground-covers and bulbs on farm; hauling and spreading top soil and/or mulch, lifting, carrying and spreading 50 lb. bags of mulch; installing posts and attaching ties from planted trees to support stakes on farm properties; pruning and trimming trees, shrubs and hedges; wrapping trees, watering plant material using hoses or buckets; hand pulling weeds, spreading fertilizer, pesticides, chipping, raking, edging mowing, green waste removal and trimming fields and lawns. Workers will operate a forklift to load pallets of packed product grown on farm into refrigerated trucks as directed and trained by Supervisory Personnel. Operate Kubota to be able transport products around the nursery. Driving golf carts around the nursery yard to pick up products get from around the yard. Must be able to lift 50 lbs. consistently on a daily basis. Overtime may be offered. it may offer additional work. In addition to the above duties that are performed on the farm/nursery properties, the workers may travel on occasion to customer locations for the sole purpose of installing trees and shrubs that are grown on the farm/nursery by Moon Valley. No other work will be performed at off-site locations.

Under the FLSA, the planting of trees and bushes is within the scope of agriculture where it constitutes a step in the production, cultivation, growing, and harvesting of agricultural or horticultural commodities, or where it constitutes a practice performed by a farmer or on a farm as an incident to or in conjunction with farming operations. Thus, employees of the nurseryman who raised such nursery stock are doing agricultural work where they plant the stock on private or public property, trim, spray, brace, and treat the planted stock, or perform other duties incidental to its care and preservation. All trees and shrubs being installed off of farm property have been grown, cultivated and harvested on Moon Valley farm/nursery properties, which is their primary business. The workers will not perform landscaping duties.

8 Cal. Code Regulations Section 3437, 3456 (b-c).The hand weeding task is performed without bending, stooping, squatting, or kneeling. This task shall be performed in an upward position done while walking throughout the nursery. Weeds will be pulled from box containers that are normally waist high. PPE worn will be steel toe & waterproof boots, gloves, and eye protection. The employer will abide by 8 Cal. Code Regulations Section 3437, 3456(b-c)

Requirements

Overtime will be paid when applicable under law. Employer agrees to provide to the worker, without charge or deposit charge, all tools, supplies, and equipment required to perform the duties assigned.

Benefits and conditions