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FLSA, Discovery, Plaintiffs' Immigration Status: Almanza v. Baird Tree Service

"[P]laintiffs sought an order preventing the discovery of plaintiffs' immigration status. The magistrate judge held a hearing prior to issuing his memorandum and order. In his memorandum and order [doc. 65], the magistrate judge found that a protective order was appropriate based upon relevant...

$11.8 Million Judgment for H-2B Forestry Workers

" A federal court has ordered a Georgia forestry company to pay $11.8 million to 4,000 foreign guestworkers who were cheated out of wages while employed by the company – the largest court award to date on behalf of guestworkers. The Southern Poverty Law Center sued Eller and Sons Trees...

CA8 on FLSA: Lucas v. Jerusalem Cafe

"For varying periods between June 2007 and March 2010, Elmer Lucas and five other aliens (collectively, workers), without employment authorization, toiled in the Jerusalem Cafe (Cafe), some for less than minimum wage and all without receiving overtime wages. The workers sued the Cafe, and its then...

Ohio Drywall Firm Pays Over $268K for FLSA, H-2B Violations

"The U.S. Department of Labor’s Wage and Hour Division investigated Gem Interiors Inc. and found violations of the Fair Labor Standards Act and the H-2B temporary nonimmigrant visa program. The company agreed to pay $126,944 to 95 drywall installers for FLSA minimum wage and overtime violations...

FLSA Lawsuit Filed by H-2B Carnival Workers

"LAS-ELC and Centro de los Derechos del Migrante (Center for Migrant Rights, or CDM) served Butler Amusements, Inc., a California registered business and the largest carnival company in the western U.S., with a lawsuit that was filed in federal court last month for violations of state and federal...

CA9 on FLSA, H-2A, Nevada: Rivera v. Peri & Sons Farms, Inc.

"In the face of regulatory ambiguity, the DOL’s determination that inbound travel and immigration expenses primarily benefit H-2A employers was reasonable. There is no reason to think that the DOL’s determination was not a product of its considered judgment. Although the DOL briefly...

Restaurant Asks Supreme Court to Rubber-Stamp Slave Wages

"A Kansas City, Mo., restaurant has asked the U.S. Supreme Court to determine whether immigrants living in the country illegally can recover overtime and minimum wage under federal employment law, in a case involving admitted noncitizen Guatemalan workers who say they weren’t properly compensated...

DOL Wage & Hour Investigates Extortion Against Immigrants in Florida

"Given the facts that the Wage and Hour Division has preliminary established during its investigation of the employer, there is reason to believe that Mr. Barreno, and others like him, were victims of witness tampering under 18 U.S.c. Section 1512 and of extortion under Florida Statute 836.05. ...

Roofing Company Pays $230K For H-2B, FLSA Violations

"The U.S. Department of Labor obtained a consent judgment from the U.S. District Court of Colorado that ordered Superior Roofing Inc. to pay $143,000 in back wages to 343 workers for unpaid minimum wage and overtime due under the Fair Labor Standards Act. In addition, the court entered an injunction...

Former McDonald's Franchisee Settles With DOL for $211K in FLSA, J-1 Summer Work Case

"Former McDonald's franchisee Cheung Enterprises LLC and president Andrew Cheung, based in Middletown, have agreed to pay $205,977 in back wages and liquidated damages to 291 employees, including 178 foreign student workers hired under the U.S. State Department's J-1 visa program. An investigation...

Using Jailed Migrants as a Pool of Cheap Labor

"As the federal government cracks down on immigrants in the country illegally and forbids businesses to hire them, it is relying on tens of thousands of those immigrants each year to provide essential labor — usually for $1 a day or less — at the detention centers where they are held...

CA4 on Slavery (TVPA, FLSA) - Cruz v. Maypa

"Cruz alleges that she was forced to work for the defendants for wages well below the minimum from 2002 until her escape in 2008. The district court dismissed all of her claims as time-barred. We affirm the district court’s dismissal of Cruz’s state law claims, but we reverse the dismissal...

NY Restaurant Chain Denied Immigration Docs In FLSA Suit - Law360

Law360, July 8, 2015 - " Alice's Tea Cup LLC, a Manhattan cafe chain that has been sued by workers claiming they were stiffed on overtime pay, cannot obtain discovery of information related to the workers' immigration status or tax returns as part of its effort to defend against the wage...

CA10 on FLSA, H-2A, Quantum Meruit - Saenz Mencia v. Allred

Saenz Mencia v. Allred, Dec. 14, 2015 - "Mr. Saenz, a citizen of Peru, came to Utah to work for the Allreds’ sheep ranch. His work was authorized by an H-2A sheepherding visa, and he was paid the minimum wage for H-2A sheepherders: $750 per month plus food and lodging. He now claims this pay...