Benita Almendarez v. Barrett-Fisher Company

762 F.2d 1275, 1985 U.S. App. LEXIS 30605, 102 Lab. Cas. (CCH) 34,679
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 17, 1985
Docket84-1785
StatusPublished
Cited by17 cases

This text of 762 F.2d 1275 (Benita Almendarez v. Barrett-Fisher Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benita Almendarez v. Barrett-Fisher Company, 762 F.2d 1275, 1985 U.S. App. LEXIS 30605, 102 Lab. Cas. (CCH) 34,679 (5th Cir. 1985).

Opinion

TATE, Circuit Judge:

The plaintiffs, a certified class of vegetable packing workers, appeal from the judgment dismissing their action for declaratory and injunctive relief and for damages based on alleged violations of the Farm Labor Contractor Registration Act (hereafter “the Act”), 7 U.S.C. §§ 2041 et seq. 1 After a bench trial, the district court entered judgment against the plaintiffs on the ground that neither defendant was a “farm labor contractor” as defined in § 3(b)(2) of the Act, 7 U.S.C. § 2042(b)(2). It did not rule on the defendants’ alternative contention that, even if they are farm labor contractors, they may claim an exemption pursuant to §§ 3(b)(2) & (3) of the Act, 7 U.S.C.- § 2042(b)(2)-(3).

As explained more fully below, the district court misconstrued the Act in holding that the defendant packing shed operators could not be farm labor contractors. The error resulted from the district court’s excluding the plaintiff employees from coverage by the Act through an improper literal application of the Act’s definition of the term “migrant workers.” See 7 U.S.C. § 2042(g). Status as a “farm labor contractor” hinges upon hiring “migrant workers.” 7 U.S.C. § 2042(b). The Act read as a whole, the manifest legislative purpose and history of the Act, a 1974 amendment broadening the definition of “agricultural employment,” and prior judicial and administrative interpretation of the Act as amended in 1974 convince us that packing shed workers are “migrant workers” and that packing shed operators are therefore “farm labor contractors” governed by the Act unless entitled to a statutory exemption. Accordingly, we reverse.

I.

The parties do not dispute the district court’s findings of fact. Neither do they dispute other relevant facts reflected in the record evidence. The findings of fact and the record evidence show the following.

Farmers grow onions and potatoes in the vicinity of Hereford, Texas. After harvest, *1277 the onions and potatoes must be washed, graded, packed, and shipped to wholesale and retail buyers. For this purpose, many of the farmers use the services of the Barrett-Fisher Company.

The Barrett-Fisher Company operates a so-called packing shed in this Texas area for six to eight weeks during the summer months. After packing, Barrett-Fisher ships the vegetables to buyers, collects the purchase price, holds out its agreed packing fee, and returns the balance of the proceeds to the farmers. Until sale to the buyers, the farmers have title and bear the risk of loss due to price changes or property loss or damage. In 1980, as in all years between 1978 and 1982, Barrett-Fisher registered with the United States Department of Labor as a farm labor contractor.

Barrett-Fisher employs the defendant Ramiro Ramos each annual packing season. Ramos, who lives the remainder of the year in New Mexico, determines the number of workers needed in Barrett-Fisher’s packing shed operations, hires them, arranges to have them come to the Hereford area, and thereafter determines the workers’ job assignments, wages, and housing. Ramos’ compensation is based on the weight of the vegetables packed by the plaintiffs. Ramos registered as a farm labor contractor each year from 1977 through at least 1983.

The plaintiffs are a class of vegetable packing workers who worked in 1980 at the Barrett-Fisher packing shed. Ramos recruited and supervised them. The named plaintiffs came to the Hereford area from South Texas, as did others in the plaintiff class.

In 1980, shortly after the end of the packing season, the named plaintiffs sued the defendants Barrett-Fisher and Ramos. The complaint alleged wage and hour violations of the Fair Labor Standards Act, 29 U.S.C. § 206. The parties reached a monetary settlement of this claim before trial, and it is not a part of this appeal.

The plaintiffs also alleged violations of the Farm Labor Contractor Registration Act. 7 U.S.C. §§ 2041 et seq. The alleged violations of the Act’s requirements included (a) failure to maintain required payroll records, (b) failure to provide the plaintiffs the required wage receipts, and (c) failure to disclose to the plaintiffs, as required, certain terms and conditions of employment and terms of furnished housing. The plaintiffs sought relief in the form of a declaration that the defendants violated the Act, an injunction against future violations, and an award to each class member of actual damages or statutory liquidated damages, see 7 U.S.C. § 2050a.

II.

After a bench trial, the district court held that the defendants were not farm labor contractors within the intendment of the Act. It observed that a farm labor contractor is statutorily defined as any person

who, for a fee, either for himself or on behalf of another person, recruits, solicits, hires, furnishes, or transports migrant workers ... for agricultural employment.

7 U.S.C. § 2042(b) (emphasis added). The district court then acknowledged that packing shed operators furnish “agricultural employment,” as the Act was amended in 1974 expressly to define that term to include packing shed operators:

The term “agricultural employment” means employment in any service or activity included within the provisions of section 203(f) of Title 29 [Fair Labor Standards Act], or section 3121(g) of Title 26 [Federal Insurance Contributions Act] and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to its delivery for storage of any agricultural or horticultural commodity in its unmanufactured state.

7 U.S.C. § 2042(d) (emphasis added). The court nevertheless concluded that the plaintiffs, packing shed workers, were not “migrant workers” because the Act defines a migrant worker as

an individual whose primary employment is in agriculture as defined in *1278 section 203(f) of Title 29, or who performs agricultural labor, as defined in section 3121(g) of Title 26, on a seasonal or other temporary basis.

7 U.S.C. § 2042(g) (emphasis added).

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Bluebook (online)
762 F.2d 1275, 1985 U.S. App. LEXIS 30605, 102 Lab. Cas. (CCH) 34,679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benita-almendarez-v-barrett-fisher-company-ca5-1985.