JUDICIAL
ROLANDO DIAZ REYES, HECTOR IVAN BURGOS RIVERA, JOSE A. GARCIA MARRERO, KIDANNY JOSUE MARTINEZ REYES, EDWIN COSME COLON, & on behalf of all similarly situated persons, Plaintiffs, v. W.D. HENRY & SONS, INC., HENRY REALTY ASSOCIATES, INC., DANIEL HENRY, MARK C. HENRY, Defendants., No. 18-CV-1017V(F), 2019 WL 1723518 (W.D.N.Y. Apr. 18, 2019)
Plaintiffs, residents of Puerto Rico, commenced this action by filing the Complaint on September 14, 2018 as a collective and class action alleging Defendants’ violations of the Migrant and Seasonal Agricultural Workers Protection Act of 1983, 29 U.S.C. §§ 1801 et seq. (“the AWPA”), the Immigration and Nationality Act of 1952, 8 U.S.C. § 1101, et seq. (“the INA”), the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq. (“the FLSA”), and New York Labor Law § 191, et seq. (“the NYLL § __”). The AWPA grants an aggrieved person a cause of action in District Court for redress of violations of the AWPA, 28 U.S.C. § 1854(a); the FLSA grants a similar right to aggrieved parties for redress of violations of its provisions. 29 U.S.C. § 216(b). The NYLL also provides for similar relief. N.Y. Labor Law § 197. Plaintiffs’ state claims in this court are based on supplemental jurisdiction under 28 U.S.C. § 1367.
It is presently before the court on Plaintiffs’ request pursuant to Fed.R.Civ.P. 56(d)(2) to conduct limited discovery necessary to enable Plaintiffs to oppose Defendants’ motion for summary judgment filed December 18, 2018. Plaintiff’s request is granted in part and denied in part.
REGULATORY:
Final notice: Agricultural Marketing Service, USDA; The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is revising the U.S. Standards for Grades of Canned Lima Beans, U.S. Standards for Grades of Canned Mushrooms, U.S. Standards for Grades of Pickles, and U.S. Standards for Grades of Green Olives. AMS is replacing the term “midget” with “petite” in the canned lima bean, canned mushroom, and pickle standards, and removing “midget” completely from the green olive standards as there is an alternative term. AMS is also replacing the two-term grading system (dual nomenclature) with a single term to describe each quality level in the canned lima bean, canned mushroom, and green olive standards. Editorial changes are also being made to the grade standards that conform to recent changes made in other grade standards. Info
HERENotice: Food and Nutrition Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved information collection for the Summer Food Service Program (SFSP), which allows for the successful operation of SFSP. Info
HERENotice; request for comment: Forest Service, USDA; In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the extension of the information collection, Forest Service Law Enforcement & Investigations Ride-Along Program. Info
HERENotice of Solicitation of Applications (NOSA):
The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture (USDA), announces the application window and requirements and $750 million in loan funding that is available for Fiscal Year (FY) 2019 under the Guarantees for Bonds and Notes Issued for utility infrastructure loans (the 313A Program) authorized under the Rural Electrification Act of 1936, as amended (the RE Act), and related terms. The Agriculture Improvement Act of 2018 (the Farm Bill), enacted on December 20, 2018, amended Section 313A of the RE Act. Applications under this NOSA will be considered under the new statutory provisions. Those provisions supersede any prior inconsistent policy, regulation or guidance. The Farm Bill instructs RUS to continue to carry out this program under a Notice until new regulations are implemented. RUS is developing regulatory changes to implement new Farm Bill provisions related to this program and others. This NOSA implements the new 313A Program provisions until further notice or regulation.
Under the 313A Program, in accordance with the Farm Bill, the Federal Financing Bank (FFB) will make loans to the selected applicant(s) and RUS will guarantee the applicant(s)’s repayment of the loans to FFB. The Farm Bill amended the RE Act to allow selected applicants to use the proceeds of loan funds made available under this NOSA for the 313A Program to make utility infrastructure loans (which includes broadband loans) or to refinance, subject to certain limitations, bonds or notes issued for such purposes to an applicant that has at any time received, or is eligible to receive, a loan under the RE Act. In addition, the Farm Bill amendments to the RE Act removed the prohibition against the use of proceeds of loan funds made available under the 313A Program for projects for the generation of electricity. Info HERE
