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08-01-2006, 12:47 PM #1
Global Horizons labor suit granted class-action status
http://www.yakima-herald.com/page/dis/288754083408967
Global Horizons labor suit granted class-action status
By LEAH BETH WARD
YAKIMA HERALD-REPUBLIC
A federal judge has granted class-action status to Yakima Valley farm workers suing a Los Angeles-based labor contractor over the hiring of foreign workers in 2004.
U.S. Magistrate Judge Michael Leavitt has ruled that the three plaintiffs who filed the lawsuit may now proceed on behalf of an estimated 600 farm workers allegedly denied work when Global Horizons imported workers from Thailand under the federal H-2A guest-worker program.
Columbia Legal Services of Yakima is representing the local workers, who allege that Global Horizons and other defendants violated state and federal laws by illegally and intentionally displacing them with foreign workers.
Attorneys for Global Horizons had argued that the definition of the proposed class was vague and imprecise. They also argued that 264 members of the class should not be counted because they presented Social Security numbers that didn't match federal records.
Leavitt rejected Global's argument, finding that the immigration status of the plaintiffs doesn't provide a basis for excluding them from the class.
Global Horizons also argued that the entire case should be moot because the company lost its state farm-labor contractor's license last year. The state Department of Labor & Industries revoked the license in December after the company failed to resolve certain tax and labor-law violations within a previously agreed time period.
Leavitt found, however, that because Global is appealing the licensing case and "actively lobbying Governor Christine Gregoire" for reinstatement, that the class-action complaint can proceed.
"It is not 'absolutely clear,' as Global Horizons argued, "that Global's alleged illegal behavior will never recur in the future," Leavitt wrote in a ruling released Friday.
The other defendants in the class-action lawsuit are Valley Fruit Orchards of Wapato and Green Acre Farms of Harrah, clients of Global where the workers were employed.
Also named is Platte River Insurance Co., which posted performance bonds required of all state-licensed labor contractors.
Each plaintiff seeks for himself and members of the class damages of at least $500 per person and $500 for each violation of law; plus twice the amount of wages willfully withheld; payment for wages lost due to unemployment and attorneys fees and court costs.
The federal H-2A guest worker program allows employers to import foreign labor only after they've shown local workers aren't available.
In this case, plaintiffs charge they were denied work because Global gave them "false and misleading information," including promising work but then reneging or changing orientation dates.
The workers also say the employers imposed productivity requirements that weren't explained in writing as required by law.
n Leah Beth Ward can be reached at 577-7626 or lward@yakimaherald.comSupport our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at http://eepurl.com/cktGTn
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08-01-2006, 01:14 PM #2Attorneys for Global Horizons had argued that the definition of the proposed class was vague and imprecise. They also argued that 264 members of the class should not be counted because they presented Social Security numbers that didn't match federal records."The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**
Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts athttps://eepurl.com/cktGTn
Laura Loomer - Woke up this morning to a @nytimes article...
03-27-2024, 11:36 PM in General Discussion