Farm Workers Urge 9th Circ. To Affirm Class Cert. In H-2A Row

Law360, New York (February 9, 2016, 1:47 PM EST) -- Agricultural workers who claim a Washington farm didn’t tell them about higher paying H-2A visa jobs urged the Ninth Circuit to uphold a lower court’s decision to certify two classes, arguing class members' claims are much more similar than the farm contends.

In a filing Friday, the workers told the appeals court there is overwhelming evidence that both job seekers and laborers were not told about $12-per-hour jobs at Mercer Canyons Inc., a 12,000-acre farm and vineyard.

But the workers said the farm has ignored this evidence, which comes primarily from Mercer’s own records and the testimony of its managers, and...

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