Penn. Landscaper Hit with Minimum Wage Class Action Lawsuit

Mexican laborers in Philadelphia filed a proposed minimum wage class action lawsuit against a landscaper who failed to pay them minimum wages under the H-2B federal labor laws.

Workers in the country under the H-2B visa guest worker program are to be paid minimum wage. Paying them less is a violation of the federal Fair Labor Standards Act and state laws.

Three former workers have filed the minimum wage class action lawsuit against Mayfield Garadens Inc., saying the company underpaid more than two dozen seasonal laborers between 2013 and 2015.

Many of them like the three plaintiffs left their homes in Mexico to work for Mayfield Gardens on H-2B visas from early spring through December, annually. None of them would have knowingly made that trek for unpaid wages.

What Is H-2B?

The H-2B temporary non-agricultural worker visa program is a federal labor law that allows U.S. employers to hire foreign workers.

As such, employers are required to pay the workers a minimum wage determined by the federal government. Workers can file a minimum wage class action lawsuit if they believe the laws have been violated.

To qualify for H-2B nonimmigrant classification, the petitioner (employer) must establish that:

• There are not enough U.S. workers who are able, willing, qualified and available to do the temporary work.
• Employing H-2B workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
• Its need for the prospective worker’s services or labor is temporary, regardless of whether the underlying job can be described as temporary.

Congress sets a limit or “cap” on the total number of foreign nationals who may be issued an H-2B visa. The current limit is 66,000 per fiscal year. Federal labor laws are very clear about what is expected of each petitioner (employer).

Why Did Workers File a Minimum Wage Class Action Lawsuit?

Mayfield Gardens allegedly paid each of two plaintiffs $11 per hour in 2013 and 2014, according to the minimum wage class action lawsuit. In 2015, one worker received $11 an hour and another received $12 per hour.

According to the minimum wage class action lawsuit, Mayfield Gardens was to have paid a minimum H-2B hourly rate of $13.43 in 2013; $14.04 in 2014; and $14.88 in 2015.

Because the landscaping company did not pay the minimum prevailing wages, it consequently didn’t meet the requirement of paying overtime at a rate of 1.5 times the prevailing wage rate, say the plaintiffs, who are fighting for their unpaid wages.

The company also neglected to reimburse the workers for travel and related expenses which is another violation of federal law.

The plaintiffs have expressed their belief that Mayfield Gardens’ management didn’t think the seasonal workers would know they were owed more, and would not be aware of their rights under U.S. law.

The Minimum Wage Class Action Lawsuit is  Ramon Espinoza Perez et. al. v. Mayfield Gardens Inc. et. al., Case No. 160600247, in the Pennsylvania Court of Common Pleas, County of Philadelphia.

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