JUDICIAL:
G.W. Palmer & Co. v. Fla. Fresh Produce Corp., No. 217CV657FTM29MRM, 2019 WL 480501 (M.D. Fla. Feb. 7, 2019):
This matter comes before the Court on plaintiff’s Motion for Default Judgment (Doc. #75) filed on October 3, 2018. No responses have been filed, and all parties in this case are now in default. The Court issued an Opinion and Order (Doc. #31) granting a preliminary injunction and directing that “Florida Fresh Produce Corp. shall have an affirmative obligation to maintain all documents related to all sales of produce and all payments received.” (Doc. #31, p. 6.) Florida Fresh was directed to escrow all proceeds, and the Order remains in full force and effect.
Reyes v. W.D. Henry & Sons, Inc., No. 18-CV-1017V(F), 2019 WL 483318 (W.D.N.Y. Feb. 7, 2019)
Plaintiffs bring this collective and class action alleging violations of the Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. § 1845(a) et seq. (“AWPA”), the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”), related provisions of the New York Labor Law (“NYLL”) and breach of contract. The gravamen of Plaintiffs’ alleged violations is that Defendants, during the 2017 and 2018 growing season, improperly displaced Plaintiffs, residents of Puerto Rico, considered to be domestic farm workers for purposes of the AWPA, as Defendants’ farm workers engaged in planting and harvesting of crops, fruits and vegetables at Defendants’ local family-owned 300 acre farm and discriminated against Plaintiffs and similarly situated domestic farm workers as domestic farm workersprotected by the AWPA, FLSA and NYLL with respect to the terms and conditions of seasonal farm employment including hourly wage rates, hours of work, choice of work assignments, housing accommodations, and reimbursement of travel expenses, by substituting and favoring non-domestic, i.e., foreign, workers, in this case workers primarily from Mexico, who were allowed to enter the United States and to work for Defendants under certification of the U.S. Department of Labor using H-2A guest worker visas.
Defendants’ motion to stay (Dkt. 23) was granted. Any request by Plaintiffs pursuant to Rule 56(d)(2) shall be filed not later than 10 days; Defendants’ response shall be filed within 10 days thereafter; oral argument shall be at the court’s discretion. Should Plaintiffs not request permission to proceed pursuant to Rule 56(d)(e), Plaintiffs’ response to Defendants’ motion for summary judgment shall be filed not later than 30 days; Defendants’ reply, if any, shall be filed within 15 days thereafter; oral argument shall be at the court’s discretion. Defendants’ motion for an expedited hearing on Defendants’ motion for stay was dismissed as moot. The court’s stay of proceedings was vacated.
RICARDO MONDRAGON, EUSTORGIO ESPINOBARROS FELICIANO, JUAN CONTRERAS, CUTBERTO ORTIZ HERNANDEZ, RAMON ORTIZ HERNANDEZ, ALEJANDRO JIMENEZ GONZALEZ, RENATO ROMERO ACUNA, JOSÉ TAPIA, ANASTACIO LOPEZ SOLIS, & ABDON QUIRASCO SIXTECO, Plaintiffs, v. SCOTT FARMS, INC., ALICE H. SCOTT, LINWOOD H. SCOTT, JR., LINWOOD H. SCOTT, III, DEWEY R. SCOTT, JFT HARVESTING, INC., JUAN F. TORRES, OASIS HARVESTING, INC., & RAMIRO B. TORRES, Defendants., No. 5:17-CV-00356-FL, 2019 WL 489117 (E.D.N.C. Feb. 7, 2019)
This matter is before the court on plaintiffs’ motion to withdraw Ramón Ortiz Hernandez (“Ramón Hernandez”) as a named plaintiff and class representative (DE 96), plaintiffs Renato Romero Acuna (“Romero Acuña”) and Abdon Quirasco Sixteco’s (“Quirasco Sixteco”) motion for conditional certification of collective action under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. 216(b) (DE 98), and defendants Alice H. Scott, Dewey R. Scott, Scott Farms, Inc., Linwood H. Scott III, Linwood H. Scott, Jr.’s (“Scott defendants”) motion to seal. Also before the court are plaintiffs’ objections to the magistrate judge’s order granting Scott defendants leave to file their amended answer. The issues raised have been fully briefed, and in this posture are ripe for ruling. For the reasons that follow, plaintiffs’ motion for conditional certification is granted on the terms set forth herein. Scott defendants’ motion to seal is granted on the terms set forth herein. Plaintiffs’ motion to withdraw plaintiff Ramón Hernandez is denied without prejudice, and plaintiffs’ objection to the magistrate judge’s order granting Scott defendants leave to amend their answer fails.
REGULATORY:
Proposed rule: Agricultural Marketing Service, USDA; This proposal invites comments on reallocating the membership of the Mushroom Council (Council) under the Agricultural Marketing Service’s (AMS) regulations regarding a national research and promotion program for mushrooms. This action was recommended by the Council after a review of the geographic distribution of the volume of mushroom production throughout the United States and the volume of imports. The number of Council members would be revised in two of the four geographic regions under the program. This action is necessary to provide for equitable representation of producers and importers on the Council. Info HERE
Notice: Food and Nutrition Service, USDA; This is an extension, without change, of a currently approved information collection request (ICR). In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed information collection for the Annual State Report of Verification of Supplemental Nutrition Assistance Program (SNAP) Participation. The purpose of the Annual State Report of Verification of SNAP Participants is to ensure that no person who is deceased, or has been permanently disqualified from SNAP, improperly received SNAP benefits for the fiscal year preceding the report submission. Section 4032 of the Agriculture Act of 2014 is the basis for this collection. Section 4032 mandates that States will “submit to the Secretary a report containing sufficient information for the Secretary to determine whether the State agency has, for the most recently concluded fiscal year preceding that annual date, verified that the State agency in that fiscal year—(1) did not issue benefits to a deceased individual; and (2) did not issue benefits to an individual who had been permanently disqualified from receiving benefits.” An email from each State agency to the corresponding Food and Nutrition Service (FNS) Regional SNAP Program Director containing the answers to the above questions will be used as the mechanism for State agencies to report their compliance with § 4032 of the Agriculture Act of 2014. Info HERE
Notice and request for comments: Natural Resources Conservation Service, USDA. In accordance with the Paperwork Reduction Act, the Natural Resources Conservation Service (NRCS) is requesting comments from all interested individuals and organizations on an extension and a revision of a currently approved information collection associated with Volunteer Program—Earth Team. The Volunteer Interest and Placement Summary and the Timesheet forms are used by the respondents. The information NRCS collects on the forms is used to match the skills of individuals, who are 14 years of age or older and interested in volunteering for opportunities that will further NRCS’s mission. Info HERE
Notice and request for comments. Rural Housing Service, USDA. In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Development’s intention to request an extension for a currently approved information collection in support of the program, Environmental Policies and Procedures. Info HERE
LEGISLATIVE:
S. 382: A bill to authorize a special resource study on the spread vectors of chronic wasting disease in Cervidae, and for other purposes. Info HERE
S.Res. 54: An original resolution authorizing expenditures by the Committee on Agriculture, Nutrition, and Forestry. Info HERE
Share: