CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Eliserio v. Floydada Housing Authority

This case involves a lawsuit brought by individual migrant farm workers and the United Farmworkers of America (UFW) against the Floydada Housing Authority and the United States Department of Agriculture (USDA). Plaintiffs allege that the Floydada Housing Authority operates substandard farm labor housing, violating the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Fair Housing Act (FHA). The Floydada Housing Authority filed a Rule 12(b)(6) motion to dismiss, arguing it's not a 'person' under AWPA, an employment relationship is required for liability, and the UFW lacks standing. The Magistrate Judge recommended denying the motion, finding the Authority is a 'person' under AWPA, no employment relationship is necessary, and the UFW has standing. The District Judge adopted this recommendation, denying the motion to dismiss.

Migrant WorkersAgricultural HousingFair Housing ActAWPAMotion to DismissStandingStatutory InterpretationPublic CorporationsEmployment RelationshipHousing Standards
References
32
Case No. MISSING
Regular Panel Decision

Aviles v. Kunkle

The case involves claims by Texas migrant workers (Plaintiffs: Aviles, Arellano, Hernandez-Ramirez families) against Donald and Richard Kunkle and Kunkle Farms (Defendants) under the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Fair Labor Standards Act (FLSA). The trial addressed the family business exemption under AWPA, which was denied for the Kunkles due to the involvement of a third-party labor contractor, Carlos Felix. The court also determined that the pickle harvesters were employees, not independent contractors, based on an "economic reality" test considering control, investment, profit/loss opportunity, skill, and permanency. The Defendants were found liable for intentional violations of AWPA's information and recordkeeping requirements (29 U.S.C. § 1821(a), (b), (c), (d)), with varying damages awarded per violation. However, claims of working arrangement violations and retaliation against the Defendants, including Carlos Felix, were denied. Additionally, Defendants Kunkle were found liable for failing to pay minimum wages under the FLSA during the 1983 pickle and tomato harvests. Due to inadequate record-keeping and lack of good faith, liquidated damages equal to the unpaid minimum wages were also imposed. The court calculated specific unpaid minimum wages and liquidated damages for each plaintiff family.

Migrant WorkersAgricultural LaborAWPA ViolationsFLSA ViolationsMinimum WageUnpaid WagesLiquidated DamagesEconomic Reality TestEmployee StatusIndependent Contractor
References
39
Case No. MISSING
Regular Panel Decision
Feb 27, 2001

De Leon v. Trevino

Three farm workers, Armando DeLeon, Romero DeLeon, and Benigno Gomez, sued their employer, Mario Trevino, for unpaid minimum wages and liquidated damages under the Fair Labor Standards Act (FLSA) and for statutory damages under the Agricultural Worker Protection Act (AWPA). The plaintiffs worked for three days harvesting okra in May 1994 but were never paid. The Magistrate Judge issued a Report and Recommendation, advising to grant the plaintiffs' motion for summary judgment. The court adopted this recommendation, finding Trevino liable for unpaid wages and liquidated damages under FLSA, and statutory damages for four AWPA violations for each plaintiff. The court also awarded reasonable costs and attorneys' fees to the plaintiffs.

Summary JudgmentFLSAAWPAUnpaid WagesLiquidated DamagesFarm LaborAgricultural WorkersMinimum WageAttorney FeesStatutory Damages
References
9
Case No. MISSING
Regular Panel Decision

Rosiles-Perez v. Superior Forestry Service, Inc.

Plaintiffs, H-2B temporary foreign workers, filed a class action against Superior Forestry Service, Inc. (SFSI) and its officials, alleging underpayment and exploitation under the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) and the Fair Labor Standards Act (FLSA). The Court considered Plaintiffs' renewed motion for class certification and appointment of counsel. After a rigorous analysis, the Court found that the prerequisites for class certification under Federal Rule of Civil Procedure 23(a) were met, including numerosity, commonality, typicality, and adequacy. Furthermore, the Court concluded that certification was appropriate under both Rule 23(b)(2) for injunctive relief and incidental monetary damages, and Rule 23(b)(3) for non-incidental monetary damages. The Court also determined that a six-year statute of limitations applied to the AWPA claims, ultimately granting the Plaintiffs' motion.

H-2B visa programMigrant workersAgricultural workersWage violationsFLSA claimsAWPA claimsClass actionEmployment lawLabor disputesUndercapitalized workers
References
42
Case No. MISSING
Regular Panel Decision
Apr 15, 1994

Avila v. A. Sam & Sons

This case involved ten Haitian Creole farm workers who sued A. Sam and Sons Produce Company, Inc., Esau Sam, and Robert Sam for alleged violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA) during the 1987 tomato and cucumber harvest in Dunkirk, New York. The plaintiffs claimed various breaches concerning housing, disclosure, transportation, record-keeping, and the use of unregistered farm labor contractors. The court found that the defendants intentionally violated AWPA provisions related to housing, transportation, record-keeping, wage statements, and registration by, among other things, allowing workers to reside on premises without adequate safety standards and failing to maintain proper employment records. However, the court did not find the defendants liable for disclosure, false information, or working arrangement violations. Consequently, a judgment for $25,000.00 in statutory damages was entered in favor of the plaintiffs.

Migrant Agricultural Worker Protection Actfarm laborhousing violationstransportation violationsrecord-keeping violationswage statement violationsunregistered contractorsemployer responsibilitystatutory damagesagricultural employers
References
37
Case No. MISSING
Regular Panel Decision

Castillo v. Case Farms of Ohio, Inc.

A group of migrant farm workers filed a civil action against Case Farms of Ohio, claiming violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), the Fair Labor Standards Act (FLSA), and state laws. The plaintiffs, recruited from Texas to work in Ohio, alleged misrepresentations regarding employment terms, transportation, and housing conditions. The court found Case Farms liable for numerous AWPA violations, including using an unregistered farm labor contractor, failing to provide written disclosures, providing false information, violating working arrangement terms, failing to comply with housing health and safety codes, and failing to ensure vehicle insurance and inspection for the 1996 plaintiffs. Some 1997 plaintiffs also proved violations related to written disclosures and housing occupancy terms. The court awarded statutory and actual damages to different groups of plaintiffs for these violations, while rejecting most FLSA and state law claims due to insufficient evidence or lack of agency.

Migrant workers' rightsAgricultural employmentWorker Protection ActFair Labor Standards ActWage and hour violationsUnregistered labor contractorSubstandard housingUnsafe transportationFalse promisesJoint employer doctrine
References
71
Case No. MISSING
Regular Panel Decision

Gonsalez Moreno v. Milk Train, Inc.

Migrant farmworkers Jose Gonsalez Moreno and Jacinto Ortega, residents of Texas, sued New York-based Milk Train, Inc. and Texas-based AG-Labor Services for violations of the Migrant and Seasonal Agricultural Workers Protection Act and state contract and tort laws. Defendants moved to dismiss for lack of personal jurisdiction, improper venue, or to transfer the case to New York. The District Court for the Western District of Texas, presided over by Judge Briones, denied all motions, concluding that Milk Train had sufficient minimum contacts with Texas due to its recruitment activities in the state and that the forum selection clause was unenforceable under AWPA.

Personal JurisdictionImproper VenueTransfer VenueMigrant and Seasonal Agricultural Workers Protection ActAWPA ViolationsEmployment LawContract DisputeFraudulent InducementNegligent MisrepresentationRetaliatory Discharge
References
26
Case No. MISSING
Regular Panel Decision
Apr 07, 2009

Roslies-Perez v. SUPERIOR FORESTRY SERVICE, INC.

Plaintiffs, temporary foreign guestworkers, filed a collective action against Superior Forestry Services, Inc. and its management under FLSA and AWPA. The defendants were repeatedly found in contempt for violating a protective order by intimidating potential class members and interfering with court-ordered meetings. Previous sanctions included extending the opt-in period and awarding attorney's fees. The court granted the plaintiffs' third contempt motion, finding further violations, including interference with meetings in Mexico and delayed payment of fees. As a sanction, the court barred the defendants from presenting proof to contest the plaintiffs' damages and ordered additional notice and fee payments, issuing a warning of default judgment for any future contumacious behavior.

Contempt of courtFLSAAWPAH-2B visasGuestworkersLabor lawProtective order violationEquitable tollingSanctionsClass action
References
34
Case No. MISSING
Regular Panel Decision

Iglesias-Mendoza v. La Belle Farm, Inc.

Plaintiffs moved to reconsider a December 7, 2006 order that denied class certification without prejudice in their action against La Belle Farm, Inc. District Judge McMahon denied the motion, clarifying that the court had not made a definitive ruling on AWPA applicability but rather postponed class certification. This postponement was based on new Second Circuit precedent (Miles v. Merrill Lynch) which deemed it premature to rule on class certification when it intertwined with merits-related issues before discovery. The court also addressed the FLSA representative action, noting it was not overlooked but similarly declined due to the plaintiffs' class definition. The judge indicated a willingness to certify FLSA and Labor Law classes if plaintiffs submitted an appropriately redefined class.

Class CertificationReconsideration MotionAWPAFLSANew York Labor LawMigrant WorkersSeasonal WorkersAgricultural WorkersDiscoveryMerits Determination
References
4
Case No. MISSING
Regular Panel Decision
Jan 18, 1995

Vega v. Gasper

This document presents the Findings of Fact and Conclusions of Law from a hearing held on January 18, 1995, in El Paso, Texas, following a remand from the Fifth Circuit Court of Appeals. The court addressed the compensability of morning and afternoon wait times for seasonal agricultural workers employed by Defendant John W. Gasper. It concluded that both periods of wait time were compensable under the Fair Labor Standards Act (FLSA), as they primarily benefited Gasper and employees could not effectively use the time for personal purposes. The court also determined that Gasper lacked good faith and reasonable grounds for his failure to compensate the plaintiffs, making him liable for liquidated damages under the FLSA and statutory damages under the Migrant and Seasonal Agricultural Workers Protection Act (AWPA). Consequently, the court ordered a recomputation of the ultimate award in favor of the plaintiffs.

Agricultural LaborWage DisputesFair Labor Standards ActWorker ProtectionCompensable TimeLiquidated DamagesEmployer ResponsibilityRemand CaseTexas LawNew Mexico Employment
References
5
Showing 1-10 of 10 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational