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Employment Law
Fair Labor Standards Act
Violation of Migrant and Seasonal Agricultural Worker Protection Act

Rafael Marquez Amaro, Jesus Alarcon Urzua, on behalf of themselves and others similarly situated v. Gerawan Farming Inc., Gerawan Farming Partners Inc., and Does 1-10, inclusive

Published: Nov. 13, 2020 | Result Date: Oct. 12, 2020 | Filing Date: Feb. 3, 2014 |

Case number: 1:14-cv-00147-DAD-SAB Settlement –  $5,000,000

Judge

Dale A. Drozd

Court

USDC Eastern District of California


Attorneys

Plaintiff

Eric B. Kingsley
(Kingsley & Kingsley APC)

Liane Katzenstein Ly
(Kingsley & Kingsley APC)

Mario G. Martinez
(Martinez Aguilasocho Law Inc.)


Defendant

Bradley J. Hamburger
(Gibson, Dunn & Crutcher LLP)

Tiffany X. Phan
(Gibson, Dunn & Crutcher LLP)

Patrick S. Moody
(Barsamian & Moody)

Ronald H. Barsamian
(Barsamian & Moody)


Facts

Plaintiffs Rafael Marquez Amaro and Jesus Alarcon Urzua, former seasonal agriculture farm workers, filed a certified wage-and-hour class action lawsuit against their former employers, defendants Gerawan Farming Inc. and Gerawan Farming Partners Inc., asserting claims for unpaid overtime, wages, and meal and rest break violations. Defendants were involved in the farming business and employed plaintiffs and other farmers or agricultural seasonal workers to grow table grapes, tree fruit orchards, and other agricultural deities.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to pay them all wages due, minimum wages, and overtime compensation when they were paid by piece rate. Additionally, plaintiffs contended that defendants required plaintiffs and other agricultural workers to perform labor and piece rate work without rest periods.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions and any wrongdoing.

Result

The parties settled for $5 million including $1.5 million in attorneys' fees and $79,909.52 in expenses.


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