- Written by Gregory Blueford
Last week, a Florida citrus grower was found to be a joint employer of its hired farm labor contractor’s H-2A employees (“Plaintiffs”) after a federal judge determined the grower extensively controlled the manner and means by which the harvesters accomplished their work.
In Garcia-Celestino v. Ruiz Harvesting, Inc., et al., Consolidated Citrus LP (“Consolidated Citrus”) hired Ruiz Harvesting, Inc. (“RHI”) to recruit and hire H-2A workers from Mexico to harvest oranges. Plaintiffs sued both Consolidated Citrus and RHI for unpaid wages under the Migrant and Seasonal Agricultural Protection Act (“MSPA”), and Fair Labor Standards Act (“FLSA”), common law breach of contract and state violations of minimum wage law. RHI was later dismissed after settling their claims separately with Plaintiffs.
- Written by Anthony Oceguera & Jason Yang
In addition to establishing an overtime pay phase-in for wage order 14 employees, AB 1066 also eliminated other longstanding exemptions. This included eliminating the exemption to the seventh day rest requirement, which provides that employees are entitled to one day’s rest in every seven days. Under the California Labor Code, employers cannot “cause” their employees to work more than six days in every seven. However, at the time of AB 1066’s passage, there was no accepted interpretation of what “cause” meant, although the matter was before the California Supreme Court.