The Farmworker Rights Division of Georgia Legal Services filed a federal lawsuit on May 1, 2015, Cruz-Vasquez, et al. v. Sanders Farms, Inc., et al., United States District Court for the Southern District of Georgia, Civ. Act. No. 6:15-cv-48. We represented 9 H-2A workers who alleged violations of federal minimum wage law and breach of contract against Sanders Farms, Inc., Sanders Brothers, LLC and labor contractor Bartolo L. Hernandez. Another 6 H-2A workers joined the suit as Opt-In Plaintiffs. Before any responsive pleadings were filed, the parties reached a settlement in the amount of $39,500.
The Sanders Defendants compensated Plaintiffs $30,000 in damages and paid $1,500 as attorneys’ fees. Plaintiffs received a total award of $7,500 from Defendant Hernandez who also paid an additional $500 in court costs. Also, the Sanders Defendants promised to offer Plaintiffs and Opt-In Plaintiffs employment through the fall of 2018 should their operations require hand-harvest labor, and Defendant Hernandez promised that neither he nor certain close relatives would recruit, hire, or supervise any H-2A workers through the fall of 2020. The parties petitioned the Court for approval of the settlement agreement, as required under the Fair Labor Standards Act and related caselaw. The Court approved the settlement on July 21, 2016.