Rivera v. Brickman Group Limited

No. 05-CV-1518-LP (E.D. Penn. filed April 1, 2005) ; Clearinghouse Number: 55927

Description

H-2B Worker Seeks Representative Class Action Status in Suit for Unpaid Wages and Wrongful Termination

Abstract

Plaintiff Mexican national employed under the Immigration and Nationalities Act H-2B program (8 U.S.C. § 1101(a)(15)(H)(ii)(b)) filed a representative class action against defendant corporation for unpaid minimum and overtime wages in violation of the Fair Labor Standards Act (29 U.S.C. §216(b)) and Pennsylvania wage law. Individually plaintiff seeks damages for wrongful termination following a work-related injury. Plaintiff was hired by corporation, which operates in several states, under the federal H-2B program to perform landscaping services. Plaintiff incurred fees and expenses in getting to the work site. Corporation is required by the Fair Labor Standards Act to reimburse expenses incurred for corporation’s convenience. Corporation failed to include these expenses in a supplemental payment, and as a result plaintiff was not paid the promised minimum wage or overtime rate as required by the Act and state statute. Plaintiff alleges that corporation wrongfully terminated his employment because of a work-related injury. Plaintiff seeks unpaid minimum wages, regular wages and overtime, an equal amount of liquidated damages, and actual and liquidated damages under the state statute and for breach of contract. Plaintiff individually seeks wrongful discharge damages. Plaintiff also asks for attorney fees and costs under the Act.

Additional Information

Attorney Information
Plaintiff represented by Arthur Read, Friends of Farmworkers Inc., 924 Cherry St., 4th Floor, Philadelphia, PA 19107 (215.733.0878).
Docket Date
2005-04-01 00:00:00+00:00
Attorney Email
aread@friendsfw.org