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.
Start Growing Today
Farming has never been more challenging, which is why Western Growers invests in fully committed advocates – your advocates – in Sacramento, Phoenix, and Washington, D.C. Only Western Growers offers members so many business services, supported by more than 400 dedicated employees.