Ochoa v. Weisensee Ranch, Inc.

*522BUTTLER, P. J.

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 USC § 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 $250. ORS 19.010(3) provides:

“No appeal to the Court of Appeals shall be taken or allowed in any action for the recovery of money or damages only unless it appears…