Court rules in favor of farm workers class action,
RDO-Bos Farms violated federal and state wage and hour laws
LEONARDO RAMIREZ, JOSE MARQUEZ,
ROBERTO VALENCIA, and ANDRES GARAY
v
RDO-BOS FARMS, LLC
U. S. District Court Case No. 06-CV-174 (KI) (District of Oregon)
On August 30, 2007, the United States District Court for the District of Oregon certified a class action against RDO-Bos Farms for violation of federal and state wage and hour laws. The Court also gave preliminary approval to a settlement agreement reached between the plaintiffs and RDO-Bos Farms.
Under the terms of the settlement, RDO- Bos may pay over $250,000 in past due overtime wages. Notices of the settlement will be sent to approximately 130 class members this week. Notices also will appear in local English and Spanish language newspapers in the Boardman, Oregon, area.
The case was filed in February, 2006, by United Farm Worker member Jose Marquez-Peña and three other former employees of RDO- Bos Farms. These workers claimed that compost operations employees at Three Mile Canyon Farms worked overtime but were not paid overtime wages. Some employees worked as many as 100 hours per week without receiving overtime pay.
Thirty (30) former employees who filed federal Fair Labor Standards Act claims in 2006 will receive full overtime payment for all hours worked in excess of 40 hours in any week during the period February 7, 2003 through July 1, 2006. An additional 100 former employees who did not file FLSA claims will receive damages under Oregon wage and hour laws. These former employees will receive full overtime payment for all hours worked in excess of 40 hours in any week during the period February 7, 2004 through July 1, 2006. These class members will receive Notices about the case in the mail and must file claims forms in order to receive their settlement checks. The Court also ordered RDO-Bos to put Notice of the class action and settlement in English and Spanish language newspapers in the Boardman, Oregon, area.
There will be a final hearing in the case on November 13, 2007, before Judge Garr King, who presided over the case.
The workers were represented by Mark Griffin and James McCandlish, Griffin & McCandlish, Portland, Oregon.
Contact: Mark Griffin, Griffin & McCandlish
215 SW Washington Street, Suite 202, Portland, OR 97204 (503) 224 2348
Steven Witte, Director, NW Regional Office, United Farm Worker Union (503) 288 3528