The Saqui Law Group

Agricultural employers employing H-2A workers should take note of a new ruling out of the 9th Circuit interpreting the FLSA and H-2A regulations.  In Rivera v. Peri & Sons Farms, Inc. (9th Cir. 11-17365) the defendant, an onion producer, harvester, and packager in Nevada, hired farmworkers through the United States Department of Labor’s (“DOL”) H-2A program.  The H-2A farmworkers, who were from Mexico, claim they had expenses related to their employment with Peri & Sons including hiring/recruitment fees, H-2A visas, and lodging.  According to the workers, the initial travel expenses they incurred exceeded $400.00 each.  In addition to the initial travel fees, the workers claimed their employer required them to buy protective gloves costing $10.00 per week and that they incurred additional travel expenses of at least $100.00 per week travelling to and from the work site and their homes in Mexico.