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plaintiffcorporationcompliancevisa
plaintiffcorporationcompliancevisa

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Rivera v. Peri & Sons Farms, Inc.

Facts

The plaintiffs, Victor Rivera Rivera and twenty-three other Mexican citizens, were hired by Peri & Sons, a Nevada corporation, under the H-2A program to work on their onion farm. They incurred significant expenses for travel and immigration, including fees for visas and lodging, which they claimed were primarily for the benefit of Peri & Sons. The farmworkers filed a complaint alleging that Peri & Sons violated the FLSA by failing to reimburse them for these expenses during their first week of work, among other claims.

The plaintiffs, Victor Rivera Rivera and twenty-three other Mexican citizens, were hired by Peri & Sons, a Nevada corporation, under the H-2A program to work on their onion farm. They incurred significant expenses for travel and immigration, including fees for visas and lodging, which they claimed were primarily for the benefit of Peri & Sons. The farmworkers filed a complaint alleging that Peri & Sons violated the FLSA by failing to reimburse them for these expenses during their first week of work, among other claims.

Issue

Did Peri & Sons violate the FLSA and state law by failing to reimburse the farmworkers for inbound travel and immigration expenses that reduced their wages below the minimum wage?

Did Peri & Sons violate the FLSA and state law by failing to reimburse the farmworkers for inbound travel and immigration expenses that reduced their wages below the minimum wage?

Rule

The FLSA requires employers to reimburse certain expenses during each employee's first week of work, and deductions that lower wages below the minimum wage are unlawful. The DOL's interpretation of the FLSA applies independently of H-2A requirements.

The FLSA requires employers to reimburse certain expenses during each employee's first week of work, and deductions that lower wages below the minimum wage are unlawful. The DOL's interpretation of the FLSA applies independently of H-2A requirements.

Analysis

The court determined that the DOL's interpretation of the FLSA, which requires reimbursement for inbound travel and immigration expenses, was reasonable and applicable to H-2A employers. The court found that the expenses incurred by the farmworkers primarily benefitted Peri & Sons, thus obligating the employer to reimburse these costs to ensure compliance with the minimum wage requirements.

The court determined that the DOL's interpretation of the FLSA, which requires reimbursement for inbound travel and immigration expenses, was reasonable and applicable to H-2A employers. The court found that the expenses incurred by the farmworkers primarily benefitted Peri & Sons, thus obligating the employer to reimburse these costs to ensure compliance with the minimum wage requirements.

Conclusion

The court reversed the district court's dismissal of the farmworkers' claims and remanded the case for further proceedings, affirming that Peri & Sons was required to reimburse the farmworkers for their expenses.

The court reversed the district court's dismissal of the farmworkers' claims and remanded the case for further proceedings, affirming that Peri & Sons was required to reimburse the farmworkers for their expenses.

Who won?

The farmworkers prevailed in part as the court found that their claims were improperly dismissed and that they were entitled to reimbursement for certain expenses.

The farmworkers prevailed in part as the court found that their claims were improperly dismissed and that they were entitled to reimbursement for certain expenses.

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