Temporary Haitian Workers Entitled to Partial Summary Judgment in Action To Recover Unpaid Expenses Under the FLSA.

The defendant was a vegetable grower who operated a packing shed. He hired guest workers from Haiti to work under H-2A visas (temporary visas issued under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(ii)(a)) to harvest his peas and beans one summer. The workers filed an action against the defendant, alleging, among other things, that he failed to pay their transportation and visa expenses, as was required under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201-209, and H-2A regulations, 20 C.F.R. § 655, et seq.  The workers filed a motion for partial summary judgment on the issue of unpaid expenses, and the defendant alleged that he was exempt from the requirements of the FLSA because he ran a small business with fewer than 500 "man days." The defendant also alleged that the workers were not entitled to their expenses because they did not complete 50 percent of their contract. The defendant also alleged that an “act of God” relieved him of liability and that he did not “employ” the workers within the meaning of the FLSA. The district court granted the plaintiffs’ motion, ruling that the defendant was not entitled to the 500 man day exemption because he did not raise it as an affirmative defense. The court also found that the defendant’s contention that the workers abandoned the contract was not supported by the evidence and that the act of God defense was inapplicable. Finally, the court ruled that the defendant was a joint employer of the workers, along with the contractor who brought the workers to America on the defendant’s behalf.  Sejour v. Steven Davis Farms, LLC, No. 1:10-cv-96, 2014 U.S. Dist. LEXIS 89378 (N.D. Fla. Jul. 1, 2014).