United States Ninth Circuit

The dismissal of claims under the Fair Labor Standards Act (FLSA) brought by Mexican temporary farmworkers, hired through the H-2A program of the Department of Labor, are: 1) reversed in part, as to the FLSA claims to the extent they accrued within three years of filing suit because defendant-employer was subject to FLSA regulations requiring reimbursement of certain travel and immigration expenses during each employee's first week of work, and the expenses claimed here primarily benefited defendant-employer; 2) reversed in part, where plaintiffs stated a claim for breach of contract under Nevada law; 3) affirmed in part, as to the dismissal of claims for attorneys' fees under Nevada law; and 4) reversed in part, as to the dismissal of plaintiffs' other state statutory and constitutional claims to the extent that they accrued within two years of filing. .

Appellate Information

• Decided 11/13/2013
• Published 11/13/2013

Judges

• O’SCANNLAIN

Court

• United States Ninth Circuit

Counsel