Date: Mar 25, 2014
WG Signs on as ‘Friend of the Court’ in Peri and Sons Farms’ H-2A Case

Western Growers, along with a number of statewide and national agricultural employers and organizations, signed on to an amicus curiae (friend of the court) brief in support of Western Growers-member Peri & Sons Farms’ Petition for Writ of Certiorari (request for review) to the U.S. Supreme Court.

Peri & Sons Farms lost its appeal to the Ninth Circuit Court of Appeals on the issue of whether H-2A employers must reimburse certain pre-employment expenses during the first work week under the Fair Labor Standards Act (FLSA).  (Rivera v. Peri & Sons Farms, Inc., 735 F.3d 892 (9th Cir. 2013).)  Peri & Sons Farms followed the H-2A regulations, which require that such expenses be reimbursed after the employee has completed 50 percent of the contract. The Ninth Circuit's decision represents a split among the circuits on this important issue, as well as another: whether federal courts must defer to an agency interpretation when the agency previously adopted a contrary interpretation.

Western Growers is pleased to lend its support on the amicus brief in order to address a decision of significance for H-2A and H-2B employers, and the industry in general. The Supreme Court is likely to decide if it will hear the case by this June.

WG Staff Contact

Jason Resnick
Sr. Vice President & General Counsel

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