Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A minimum wage lawsuit has reached a settlement agreement benefitting 14 Mexican nationals who had been seasonally employed using a temporary visa program. On July 6, 2017, the contract pickers that had alleged violation of the Fair Labor Standards Act (FLSA) agreed to a $10,000 settlement of the FLSA minimum wage lawsuit.
D&K Harvesting Inc. is based in Florida, and the lawsuit was handled by the U.S. District Court for the Middle District of Florida.
The Mexican national plaintiffs, represented by Victoria Mesa-Estrada and Robert K. Dwyer of Florida Legal Services Inc., accused the contract labor company, D&K Harvesting Inc., with paying them on a per-piece or per-orange basis.
According to Law360, this per-piece basis of pay allowed the harvesting company to underreport actual hours worked by the migrants, allegedly putting the contracting agency in violation of federal law.
This FLSA minimum wage lawsuit was originally filed over two years ago by eight pickers of foreign citizenry and later grew to its present size of 14 plaintiffs.
Other Accusations in FLSA Minimum Wage Lawsuit
In addition to the underreporting of actual hours worked allowed by piece counting, D&K Harvesting Inc. was accused of failing to meet contract obligations.
The group of 14 plaintiffs said that the contract labor company did not ever reimburse workers for the expenditures incurred in traveling between Mexico and the U.S., as well as other expenses that were clearly outlined in their work contract.
The Status of FLSA Minimum Wage Lawsuit Settlement
While an initial settlement agreement of $10,000 has been agreed upon, it is still a pending item before the U.S. District Court for the Middle District of Florida. For this reason, legal counsel for both the plaintiffs and defendant are saying little.
According to Law360, previously-named attorneys for the plaintiffs have stated about this FLSA minimum wage lawsuit that the settlement is at least fair for the 14 pickers involved. Each plaintiff will receive at minimum $350 and up to a maximum of $1,070, according to the terms of the settlement.
Included with the agreed-upon amount is a $3,000 payment to Florida Legal Services Inc. designated for a client trust account. This will pay for all attorney’s fees associated with this FLSA minimum wage lawsuit.
D&K Harvesting Inc. refuses to admit to any purposeful fraud towards the migrant workers. They claim that their intent on offering this settlement is just to get on with their business without being continually mired in litigation issues that will drag them down. They hope the settlement to be a good faith effort to resolve issues at hand.
The defendant’s attorney was David J. Stephany of Allen Norton and Blue PA.
Because no deliberate wrongdoing on the part of the defendant was admitted to, there is no word as to how the company will change the way it contracts and pays migrant workers in future harvest seasons.
The FLSA Minimum Wage Lawsuit is Case No. 2:15-cv-00725, in the U.S. District Court for the Middle District of Florida.
Join a Free Wage & Hour Class Action Lawsuit Investigation
If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
