Aimable v. Long & Scott Farms

20 F.3d 434, 1994 WL 144618
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 10, 1994
DocketNo. 92-2749
StatusPublished
Cited by42 cases

This text of 20 F.3d 434 (Aimable v. Long & Scott Farms) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aimable v. Long & Scott Farms, 20 F.3d 434, 1994 WL 144618 (11th Cir. 1994).

Opinion

TJOFLAT, Chief Judge:

In this case, we must decide whether a farm, which contracted with a farm labor contractor to provide laborers to harvest its crops, was the “joint employer” of those laborers for purposes of the Fair Labor Standards Act, 29 U.S.C. §§ 201-19 (1988), and the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. §§ 1801-72 (1988 & Supp.1993). On cross-motions for summary judgment, the district court held that the farm was not the laborers’ joint employer and entered judgment for the farm; the laborers appealed. We affirm.

[437]*437I

Appellants (plaintiffs in two consolidated eases in the district court) are 206 migrant and seasonal farm workers.1 At various times between 1985 and 1989, each alleges to have been employed by John Miller, Jr.,2 to harvest crops grown by appellee Long & Scott Farms, Inc. (“Long & Scott”), the owner and operator of a 1,200-acre vegetable farm in Florida. Frank Scott, the owner of a one-half share in Long & Scott, managed the day-to-day operations of the farm.

John Miller is a farm labor contractor with whom Long & Scott dealt for twenty-five years. As a farm labor contractor, Miller agrees to provide workers to harvest farmers’ labor-intensive crops. Miller then recruits the required number of laborers (sometimes from out-of-state locations; at other times from migrant camps, small towns, or other farms in Florida); he also provides many of the laborers with housing at his labor camp and/or transportation to the work sites.

During Long & Scott’s relationship with Miller, Long & Scott used no other contractor to supply laborers for its corn, cabbage, and cucumber crops. Miller, on the other hand, provided laborers to other farms, but only when that work would not interfere with his obligations to Long & Scott. During the period in question (1985-89), Long & Scott provided Miller with his largest single source of revenue. Nonetheless, because of Miller’s other contracts, Long & Scott accounted for less than half of Miller’s total revenue. Long & Scott paid Miller a flat rate, determined at the beginning of the produce season, for each quantity of produce picked. Similarly, Miller compensated most of his employees on a piece-rate basis.

Appellants .filed these two suits against Miller and Long & Scott under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection Act (“MSAWPA”).3 After extended discovery, appellants and defendant Long & Scott filed cross-motions for summary judgment in both cases. The district court granted appellants’ motions in part, holding that Miller was appellants’, employer for purposes of FLSA and MSAWPA.4 The district court, however, found that Long & Scott was not appellants’ joint employer; thus, the district court denied appellants’ motions for summary judgment to the extent they related to Long & Scott. Concurrently, the district court granted Long & Scott’s cross-motions for summary judgment and subsequently entered final judgments in both cases in favor of Long & Scott. It is from these judgments that appellants appeal.5

II

In 1983, Congress enacted the Migrant and Seasonal Agricultural Worker Protection [438]*438Act “to remove the restraints on commerce caused by activities detrimental to migrant and seasonal agricultural workers ... and to assure necessary protections for migrant and seasonal agricultural workers.... ” 29 U.S.C. § 1801. Among its many provisions, MSAWPA required that agricultural employers register with the government, maintain certain employment records for migrant and seasonal agricultural workers, and comply with sundry housing, transportation, and compensation provisions. See 29 U.S.C. §§ 1811-44. If an employer fails to adhere to any of the provisions in MSAWPA (as well as to any of the regulations promulgated pursuant to it), MSAWPA creates a private right of action in federal court on behalf of all aggrieved persons; MSAWPA further empowers district courts to impose actual damages or statutory damages of $500 per plaintiff per violation. 29 U.S.C. §§ 1854(a) & (c).

Under MSAWPA, 29 U.S.C. § 1802(5), “employ” is defined by reference to FLSA: “ ‘Employ’ includes to suffer or permit to work.” 29 U.S.C. § 203(g). See also 29 C.F.R. § 500.20(h)(1) (1992) (same definition). The MSAWPA concept of “employ” also “includes the joint employment principles applicable under the Fair Labor Standards Act.” 29 C.F.R. § 500.20(h)(4). The regulations promulgated under MSAWPA define “joint employment” as follows:

The term joint employment means a condition in which a single individual stands in the relation of an employee to two or more persons at the same time. A determination of whether the employment is to be considered joint employment depends upon all the facts in the particular case.

29 C.F.R. § 500.20(h)(4)(i). The regulations also provide the Secretary of Labor (and thus, implicitly, the courts) with a means of determining whether joint employment is present: (including any person defined in the Act as an agricultural employer or an agricultural association). Such joint employment relationships are common in agriculture and have often been addressed by the Federal courts. See Hodgson v. Okada, 472 F.2d 965 [ (10th Cir.1973) ], Hodgson v. Griffin and Brand, 471 F.2d 235 [ (5th Cir.1973) ], Mitchell v. Hertzke, 234 F.2d 183 [(10th Cir.1956) ], United States v. Rosenwasser, 323 U.S. 360, [65 S.Ct. 295, 89 L.Ed. 301 (1945)], Rutherford Food Corporation v. McComb, 331 U.S. 722, 67 S.Ct. 1473 [91 L.Ed. 1772 (1947) ], Real v. Driscoll Strawberry Associates, Inc., 603 F.2d 748 [ (9th Cir.1979) ], Mednick v. Albert Enterprises, Inc.,

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Bluebook (online)
20 F.3d 434, 1994 WL 144618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aimable-v-long-scott-farms-ca11-1994.