Case: 1:18-cv-00184-SNLJ Doc. #: 3 Filed: 07/26/18 Page: 1 of 4 PageID #: 14 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION R. ALEXANDER ACOSTA, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Plaintiff, v. MARIN J. CORPORATION Defendant. ) ) ) ) ) ) ) ) ) ) ) ) MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION CIVIL ACTION NO. 1:18-CV-184 THE SECRETARY OF LABOR’S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION Pursuant to Rules 65(a) and (b) of the Federal Rules of Civil Procedure, 8 U.S.C. 1188(g)(2), and 29 C.F.R. § 501.16(b) and (c), Plaintiff R. Alexander Acosta, Secretary of Labor, United States Department of Labor (the “Secretary”), by and through undersigned counsel, hereby moves this Court for a Temporary Restraining Order and Preliminary Injunction based upon the facts set forth in the Affidavit of Wage and Hour Investigator Lindsey Corona (a true and accurate copy of which is attached hereto as Exhibit 1), and the Memorandum in Support of this Motion, filed herewith and incorporated herein by reference (“Supporting Documents”). The Secretary’s Motion is premised upon Defendant Marin J. Corporation’s (“Marin J. Corp.”) violation of key provisions of 20 C.F.R. Part 655, Subpart B (the “H-2A Program”), resulting in an unsanitary work 1 Case: 1:18-cv-00184-SNLJ Doc. #: 3 Filed: 07/26/18 Page: 2 of 4 PageID #: 15 environment, substandard and unhealthy housing conditions, and significant wage violations related to Defendant Marin J. Corp.’s H-2A workers. Under Sections 1188(g)(2) and 501.16(b) and (c), the Secretary is specifically authorized to seek injunctive relief in federal district court to ensure employer compliance with the terms and conditions of employment under the H-2A Program. As the statutes and regulations recognize, the health, safety, and welfare of these H-2A workers is a sufficient basis for injunctive relief. 1 As more fully explained in the Supporting Documents, the Secretary has satisfied each of the four (4) elements required for the issuance of injunctive relief. Specifically, the Supporting Documents conclusively demonstrate: (1) the Secretary has a substantial likelihood of prevailing on the merits, as there is substantial evidence Defendant Marin J. Corp. has violated multiple key provisions of the H-2A Program; (2) a significant risk of irreparable injury to H-2A workers exists in the form of adverse health consequences, including malnutrition, illnesses related to lack of hygiene, and an imminent risk of severe bodily injury or death; (3) the threatened injury to the Secretary, through the perpetuation of Defendant Marin J. Corp.’s illegal and substandard treatment of H-2A workers, outweighs any damages Defendant Marin J. Corp. may potentially suffer as a result of the proposed injunctive relief; and (4) enjoining Defendant Marin J. Corp. from improperly withholding H-2A worker wages, subjecting H-2A workers to intolerable working conditions, and housing H-2A workers in substandard accommodations would not create a result adverse to the public interest. 1 The District of Arizona recently awarded almost the exact injunctive relief requested herein in Acosta v. G Farms, LLC, No. CV-17-01446-PHX-DLR (D. Ariz. May 19, 2017), a case involving both H-2A workers and a similar fact pattern. (A true and accurate copy of the G Farms Order is attached hereto as Exhibit 2.) 2 Case: 1:18-cv-00184-SNLJ Doc. #: 3 Filed: 07/26/18 Page: 3 of 4 PageID #: 16 Given Defendant Marin J. Corp.’s ongoing mistreatment of its H-2A workers, and the risk of adverse health consequences related thereto, the Secretary requests a hearing to occur at the Court’s earliest convenience. Pursuant to its obligations under Rule 65, counsel for the Secretary has attempted to contact and will continue to contact Defendant Marin J. Corp., or its legal representatives should they exist, as well as this Court, to establish a hearing time during which all necessary parties are available. For the foregoing reasons, the Secretary respectfully requests this Court enter a Temporary Restraining Order and an Order to Show Cause for the Entry of a Preliminary Injunction against Defendant Marin J. Corp., which: a. Enjoins and restrains Defendant Marin J. Corp. from housing the H-2A workers in substandard and violative facilities, including the two (2) houses, the Budget Inn, and the Jail, and instead requiring Defendant Marin J. Corp. to provide, on an immediate and continuous basis, H-2A worker housing that fully complies with applicable statutory and regulatory standards; b. Enjoins and restrains Defendant Marin J. Corp. from failing to maintain accurate time and payroll records, and affirmatively requiring it to keep such records as required under the H-2A Program regulations; c. Requires Defendant Marin J. Corp. to pay the H-2A workers an hourly rate equal to the rate identified in its Temporary Employment Certifications, and for all hours worked; d. Enjoins and restrains Defendant Marin J. Corp. from prohibiting H-2A worker involvement in the ongoing DOL investigation and/or from retaliating against and/or threatening any H-2A worker or H-2A worker’s family based upon their assistance in any such investigation; and 3 Case: 1:18-cv-00184-SNLJ Doc. #: 3 Filed: 07/26/18 Page: 4 of 4 PageID #: 17 e. Requires Defendant Marin J. Corp., within one week of entry of the requested Order, to allow a representative of the Secretary, in the presence of Jorge Marin, to read aloud, in both English and Spanish, and thereafter provide a written copy to each H-2A worker, the following statement: You are protected by the H-2A visa statute and regulations and have the right to participate freely in the U.S. Department of Labor’s investigation into your employer’s pay practices. You have the right to speak freely with investigators or other officials from the Department of Labor. Your employer is prohibited from retaliating against you in any way because you spoke with the Department of Labor. Usted está protegido por la Ley de H-2A y tiene el derecho de participar libremente en la investigación del Departamento de Trabajo. Usted tiene el derecho de hablar libremente con investigadores u otras personas del Departamento de Trabajo. La ley H-2A le prohíbe a su empleador tomar cualquier tipo de represalias contra de usted por ejercer sus derechos o hablar con el Departamento de Trabajo. Respectfully submitted, CHRISTINE Z. HERI Regional Solicitor H. ALICE JACKS Associate Regional Solicitor BOYCE N. RICHARDSON Trial Attorney /s/ Charles W. Gordon__________________ CHARLES W. GORDON Trial Attorney OFFICE OF THE SOLICITOR U.S. DEPARTMENT OF LABOR 2300 Main Street, Suite 1020 Two Pershing Square Building Kansas City, MO 64108 Telephone: (816) 285-7260 Fax: (816) 285-7287 Gordon.Charles.W@dol.gov Attorneys for Secretary of Labor 4 Case: Doc. 3-1 Filed: 07/26/18 Page: 1 of 103 PageID 18 EXHIBIT 1 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 2 of 103 PageID #: 19 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION R. ALEXANDER ACOSTA, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Plaintiff, v. MARIN J. CORPORATION Defendant. ) ) ) ) ) ) ) ) ) ) ) ) AFFIDAVIT OF WHI LINDSEY CORONA AFFIDAVIT OF WAGE AND HOUR INVESTIGATOR LINDSEY CORONA STATE OF MISSOURI ) ) COUNTY OF ST. CHARLES ) The undersigned, Lindsey Corona, being first duly sworn upon her oath, deposes and states that if called upon to testify, she would testify as follows: I. EDUCATION AND EXPERIENCE 1. I have been an investigator with the St. Louis District Office of the Wage and Hour Division of the United States Department of Labor (“WHD”) since August 2008. Throughout my almost ten (10) years with WHD, I have been lead investigator on a combination of approximately 185 separate investigations, including both conciliations and full investigations. 1 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 3 of 103 PageID #: 20 2. Prior to my employment with the WHD, I graduated from Hanover College in Hanover, Indiana with a Bachelor of Arts degree in Spanish. As a result, I am fluent in Spanish, and capable of reading, writing, and speaking the language. 3. Because of my education and experience with the Spanish language, the WHD hired me as a bilingual investigator. 4. Over the last ten (10) years, as part of my duties as a Wage and Hour Investigator (“WHI”), I conducted hundreds of Spanish-language employee interviews in Fair Labor Standards Act (“FLSA”) and non-immigrant temporary worker, or H-Visa Program, matters. 5. I am the Lead Investigator on the WHD investigation of Marin J. Corporation (“Marin J. Corp.”). II. MARIN J. CORPORATION 6. On July 13, 2018, Norma Cervi, the District Director (“DD”) of the St. Louis District Office of WHD, contacted me regarding the potential need for a Wage and Hour investigation in Southeastern Missouri. 7. At that time, DD Cervi briefly described to me the allegations against Jorge Marin and Marin J. Corp., an entity engaged in the harvesting of watermelons, including possible violations of the federal non-immigrant temporary agricultural worker program (“H-2A Program”). 8. As a result of subsequent research, I came to understand Marin J. Corp. to be a Florida corporation, with its principal offices located in Avon Park, Florida, engaged in the interstate transportation of goods. Further, my research revealed that, while Marin J. Corp. conducts business in the State of Missouri, it is not presently, and has not previously been, registered with the Missouri Secretary of State. 2 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 4 of 103 PageID #: 21 9. In addition, I determined Marin J. Corp. filed two (2) Form ETA-9142A H-2A Applications for Temporary Employment Certification (“TEC”) (Case Nos. H-300-18102-843410 and H-300-18124-947696) with the United States Department of Labor (“DOL”) related to its 2018 harvesting operations in Kennett, Missouri. (True and accurate copies of Marin J. Corp.’s 2018 TECs for Case Nos. H-300-18102-843410 and H-300-18124-947696 are attached hereto as Exhibit A and Exhibit B, respectively.) 10. Marin J. Corp.’s TEC for Case No. H-300-18102-843410 sought certification for twenty-seven (27) H-2A workers from June 25, 2018 through August 17, 2018. According to the TEC, these H-2A workers were to be employed as Watermelon Harvesters, working thirty-six (36) hours per week at a rate of $13.42 per hour. (Ex. A, TEC 843410, at 1, 3, 5.) 11. Marin J. Corp.’s TEC for Case No. H-300-18124-947696 sought certification for eighty (80) H-2A workers from June 25, 2018 through October 20, 2018 (collectively, w/ TEC 843410, the “H-2A Workers”). According to the TEC, these H-2A workers were to be employed as Watermelon, Cantaloupe, and Pumpkin Harvesters, working thirty-six (36) hours per week at a rate of $13.42 per hour. (Ex. B, TEC 947696, at 1, 3, 5.) III. THE WHD INVESTIGATION OF MARIN J. CORPORATION IN KENNETT, MISSOURI 12. At 10:50 a.m. on July 16, 2018, I received authorization from my superiors to proceed to Kennett, Missouri for the investigation of Marin J. Corp. 13. Within two (2) hours of receiving authorization from the WHD, I departed for Kennett, Missouri with WHI Carmen Soto-Martinez. During our drive, we received an email from our direct supervisor, James Yochim, the Assistant District Director (“ADD”) of WHD’s Springfield, Illinois Area Office, attaching a copy of a Technical Assistance Response Log (the “Log”) kept and maintained by the WHD, which we reviewed. 3 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 5 of 103 PageID #: 22 14. The Log detailed alleged wide-spread H-2A Program violations by Marin J. Corp., including failure to pay wages, excessive work hours, and failure to track hours worked, as well as a scheme to force workers to “kick back” certain monies paid to them by Marin J. Corp., inadequate housing and subsistence, and field sanitation violations. 15. WHI Soto-Martinez and I arrived in Kennett, Missouri in the late evening on July 16, 2018. Upon our arrival, we met with WHIs Christopher J. Huber and Daniel Baker at the Budget Inn, located at 215 South Ave, Kennett, Missouri 63857, where Marin J. Corp. was housing a significant number of its H-2A workforce. 16. As the Lead Investigator, I led a brief onsite coordination meeting before we split up and began to conduct independent visual inspections of the Budget Inn premises, as well as individual interviews of certain H-2A Workers and other relevant personnel. A. The Budget Inn: Kennett, Missouri 17. The Budget Inn in Kennett, Missouri consists of eighteen (18) separate rooms in either one or two bed arrangements. Rooms with a single bed contain one (1) queen-sized mattress, and rooms with two (2) beds contain two (2) full-sized mattresses. Two (2) rooms measure twelve (12) feet by seventeen (17) feet (204 ft2) and the remaining sixteen (16) rooms measure twelve (12) feet by twelve (12) feet (144 ft2). (True and accurate copies of representative photographs of the Budget Inn premises taken during our inspection are attached hereto as Exhibit C.) 18. From June 28, 2018 through July 17, 2018, Marin J. Corp. rented between thirteen (13) and seventeen (17) rooms each night to house some of the H-2A Workers it employed under the TECs. 4 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 6 of 103 PageID #: 23 19. During my visual inspection of the Budget Inn premises, I observed multiple instances of four (4) or more H-2A Workers living in a single hotel room, including some rooms with as many as six (6). Multiple confidential witness interviews conducted between July 16, 2018 and July 19, 2018 (the “Interview Statements”), including witness interviews completed at the Budget Inn upon our arrival, confirm these findings. 20. According to the Interview Statements, the H-2A Workers frequently slept two (2) or more in each bed, with their remaining roommates on the floor. In certain instances, H-2A Workers would rotate between the beds and the floor to ensure equal access to mattresses. B. Interview Statements: Unpaid Wages and Kick Backs 21. From July 16, 2018 through July 19, 2018, the WHD completed in excess of thirty (30) in-person Interview Statements of the H-2A Workers and other relevant personnel. 22. Although I only transcribed six (6) of the Interview Statements, as part of my duties as Lead Investigator, I reviewed every Interview Statement taken by WHIs Baker, Huber, and Soto-Martinez, all of whom are fluent in Spanish. 23. Within the Interview Statements, the H-2A Workers detailed hundreds of dollars in unreimbursed inbound travel expenditures, including food, hotels, Visa fees, and bus transportation. 24. In addition, multiple H-2A Workers referenced unreimbursed payments in excess of $500 to Jorge Marin and other individuals allegedly designed to reimburse Marin J. Corp. for obtaining Visas and other travel documents. 25. Further, despite working almost twenty (20) days in a row post-arrival, numerous H-2A Workers stated they only received two (2) checks, one for approximately $340 and another for approximately $120. 5 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 7 of 103 PageID #: 24 26. According to the Interview Statements, while Marin J. Corp. allowed the H-2A Workers to keep the check for $340, as reimbursement for three (3) days of work, it did not allow them to keep the second check for $120. Instead, representatives of Marin J. Corp. drove a bus filled with H-2A Workers to a Bank of America located in Jonesboro, Arkansas. There, these representatives of Marin J. Corp. had the H-2A Workers sign and cash the checks, and then required the H-2A Workers to return the money. 27. During our investigation, we also observed Marin J. Corp.’s comprehensive failure to maintain records required under the H-2A Program, including days/hours worked, applicable rates of pay, earnings, and start/stop times. C. Interview Statements: Daily Routine 28. Within the Interview Statements, the H-2A Workers describe a daily routine – Monday through Sunday – where they wake up between 5:00 and 6:00 a.m., board the bus to the fields between 6:00 and 7:00 a.m., and arrive at the fields between 7:00 and 8:00 a.m. They then work uninterrupted, with the exception of ten (10) to twenty (20) minute breaks for lunch and dinner, until 7:00 or 8:00 p.m. 29. Although a local catering company provides daily lunch and dinner in the fields, the H-2A Workers are responsible for purchasing their own breakfasts. The catering company charges $6.50 per meal, and, since the H-2A Workers remain largely unpaid, many have run up significant bills. D. Field Sanitation and Working Conditions 30. On July 17, 2018, we inspected the field sanitation and working conditions of certain H-2A Workers at the Jones & Jones Produce Field in Senath, Missouri. We obtained the location of the field during an earlier interview with an H-2A Worker completed the prior evening. 6 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 8 of 103 PageID #: 25 31. When we arrived at approximately 11:00 a.m., the temperature was 88 degrees with a heat index of in excess of 100 degrees, based upon readings from The Weather Channel iPhone application. At that time, there were between forty-two (42) and forty-eight (48) H-2A Workers in the field. 32. Upon our arrival, I observed a portable washing station, two mobile sanitation units, and a water cooler, but no single-use cups for water consumption. Instead, the H-2A Workers were drinking from a single, pre-used Gatorade bottle. (True and accurate copies of representative photographs of the Jones & Jones Produce Field taken during our inspection are attached hereto as Exhibit D.) 33. However, according to the Interview Statements, prior to our arrival, Marin J. Corp. rarely provided the H-2A Workers with mobile sanitation units and handwashing stations. Consequently, the H-2A Workers frequently relieved themselves in the fields, without washing their hands. 34. Beyond mobile sanitation units and handwashing stations, multiple Interview Statements reference Marin J. Corp.’s failure to provide adequate access to drinking water. As a result, between ten (10) to fifteen (15) H-2A Workers passed out from the heat due to dehydration. 35. In my experience, the absence of single-use cups significantly decreases total water consumption due to lack of access and concerns regarding hygiene. E. House No. 1: 9346 State Hwy C 36. Through our investigation, we determined Jorge Marin owns a house located at 9346 State Highway C, Unit No. 11, Senath, Missouri 63876, which he uses to house H-2A Workers (the “Brick House”). 7 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 9 of 103 PageID #: 26 37. I reviewed the Pre-Housing Inspection for the Brick House, which confirms the Foreign Labor Certification Program Coordinator approved the Brick House for a total capacity of sixteen (16) adults. (A true and accurate copy of the Pre-Housing Inspection Form ES-338 for the Brick House is attached hereto as Exhibit E.) 38. Consistent with the Pre-Housing Inspection, the Brick House contains four (4) “dormitory type” rooms measuring 324.61 ft2, 141 ft2, 186.12 ft2, and 130 ft2, for a total of 781.73 ft2, or 48.86 ft2 per occupant, as well as two (2) full bathrooms, and a kitchen. 39. On July 17, 2018, we inspected the Brick House. During our inspection, I observed a total of seventeen (17) people to be living there. 40. As part of our inspection of the Brick House, I observed significant piles of garbage/refuse both internally and externally, overflowing trashcans, multiple doors and windows missing screens, numerous holes in the drywall, exposed pipes/plumbing, exterior water infiltration into the interior, an absence of available toilet paper, beds in too close proximity to each other, and less than fifty (50) square feet of living space per occupant. (True and accurate copies of representative photographs of the Brick House taken during our inspection are attached hereto as Exhibit F.) 41. Further, while inspecting the kitchen at the Brick House, I found the fridge to be barely functional, resulting in inadequate food storage, and forcing the H-2A Workers to use the freezer to store perishable goods like milk. 42. Finally, the exterior of the Brick House was visibly infested with numerous, active mud dauber wasp nests, creating a significant risk of injury for the H-2A Worker occupants. (A true and accurate copy of a representative photograph of the mud dauber nests at the Brick House taken during our inspection is attached hereto as Exhibit G.) 8 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 10 of 103 PageID #: 27 F. House No. 2: 9348 State Hwy C 43. Through our investigation, we determined Jorge Marin owns a house located at 9348 State Highway C, Unit No. 16, Senath, Missouri 63876, which he uses to house H-2A Workers (the “Wood Frame House”). 44. I reviewed the Pre-Housing Inspection for the Wood Frame House, which confirms the Foreign Labor Certification Program Coordinator approved the Wood Frame House for a total capacity of eleven (11) adults. (A true and accurate copy of the Pre-Housing Inspection Form ES338 for the Wood Frame House is attached hereto as Exhibit H.) 45. Consistent with the Pre-Housing Inspection, the Wood Frame House contains three (3) “dormitory type” rooms measuring 262.8 ft2, 213.6 ft2, and 61 ft2, for a total of 537.40 ft2, or 48.85 ft2 per occupant, as well as one (1) full bathroom, and a kitchen. 46. On July 17, 2018, we inspected the Wood Frame House. During our inspection, I observed a total of eleven (11) people to be living there. 47. As part of our inspection of the Wood Frame House, I again observed significant piles of garbage/refuse both internally and externally, overflowing trashcans, beds in too close proximity to each other, less than fifty (50) square feet of living space per occupant, floors in inadequate repair, multiple doors and windows missing screens, standing water, an absence of laundry facilities, and no available toilet paper. (True and accurate copies of representative photographs of the Brick House taken during our inspection are attached hereto as Exhibit I.) 48. I further observed a continuous water leak in the bathroom originating from the toilet, resulting in substantial standing water. In certain instances, water had exited the bathroom and infiltrated beneath the laminate in the hallway, as well as portions of the carpet in an adjoining bedroom, creating the potential for mold and additional structural deterioration. 9 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 11 of 103 PageID #: 28 G. The Jail: 200 Slicer Street 49. Through our investigation, we discovered, in April 2018, Marin J. Corp. purchased the old Dunklin County, Missouri jail located at 200 Slicer Street, Kennett, Missouri 63857 (the “Jail”) for the purposes of housing H-2A Workers. 50. In the period between its use as a jail and its purchase by Marin J. Corp., the Kennett Jaycees used the Jail as the site of a local haunted house, leaving traces of red paint and red handprints throughout the building. 51. On July 17, 2018, the City of Kennett deemed the Jail fit for occupancy for sixty- two (62) adults, and the following day, Marin J. Corp. began to move male H-2A Workers into the facility from the Budget Inn. 52. On July 19, 2018, we inspected the Jail as part of our investigation of Marin J. Corp. 53. As part of our inspection of the Jail, I observed inadequate access to external light, extremely limited windows in the “cells,” broken “non-cell” windows, inadequate/non-existent personal storage for H-2A Workers, no drinking fountains or other access to water beyond bathroom sinks, only lukewarm water available throughout the facility, inadequate bathroom ventilation, an absence of laundry facilities, non-functional bathroom lights, leaking sinks, and a mattress on the floor. (True and accurate copies of representative photographs of the Jail taken during our inspection are attached hereto as Exhibit J.) 54. Moreover, I observed the former Jail kitchen to be unusable. Specifically, I found the sink, fridge, stove, oven, and other appliances to be completely inoperable. In fact, when we opened the fridge door, we discovered an old mattress. As a result, H-2A Workers cannot cook onsite at the Jail. 10 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 12 of 103 PageID #: 29 IV. THE 2015 WHD INVESTIGATION OF MARIN J. CORPORATION 55. In 2015, I assisted with an H-2A Program-related investigation of Marin J. Corp. covering the period of July 15, 2015 through August 28, 2015 (the “2015 Investigation”). 56. As part of the 2015 Investigation, WHD found Marin J. Corp. to have violated multiple provisions of the H-2A Program, including: (1) Housing Failed to Meet Safety and Health Requirements; (2) Failure to Reimburse Inbound Travel Expenditures; and (3) Unlawful CostShifting of Visa Fees. (See Notice of Determination and H-2A Narrative, true and accurate copies of which are attached hereto as Exhibit K and Exhibit L, respectively.) 57. With respect to housing, WHD found four (4) violations in all six (6) of Marin J. Corp.’s trailers. (Ex. L, H-2A Narrative, at 2.) 58. On August 6, 2015, as part of the pre-final conference for the 2015 Investigation, WHI Pamela Frazee and I met with Jorge Marin. During this meeting, WHI Frazee discussed with Mr. Marin methods of resolving Marin J. Corp.’s outstanding housing violations, the illegality of cost-shifting expenses paid by H-2A workers in Mexico, and the necessity of providing accurate work contracts to H-2A workers, as I translated on her behalf. 59. Then, on August 12, 2015, WHD met with Mr. Marin to discuss his obligations as an H-2A Program Employer, including: (1) ensuring that no one in Mexico is illegally charging to obtain H-2A Visas; (2) meeting the safety and health requirements and regulations for the housing of the H-2A workers; (3) the importance of allowing H-2A workers access to laundry facilities; and (4) the importance of housing areas being free of debris, trash, rubbish, and garbage. At the conclusion of this meeting, Mr. Marin agreed to future compliance. (Ex. L, H-2A Narrative, at 10.) 11 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 13 of 103 PageID #: 30 Scanned with CamScanner Case: Doc. 3-1 Filed: 07/26/18 Page: 14 of 103 PageID 31 EXHIBIT A Case: Doc. 3-1 Filed: 07/26/18 Page: 15 of 103 PagelD 32 (MB Approval: 1205-0466 a "mum? H-2A Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor Please read and review the tiling instructions carefully before completing the Form ETA-9142A . A copy of the instructions can be found at in accordance with Federal Regulations. incomplete or obviously inaccurate applications will not be certi?ed by the Department of Labor. if submitting this form non-electronically, ALL required fields/items containing an asterisk must be completed as well as any ?elds/items where a response is conditional as indicated by the section symbol. h. Employment-Based Nonlmmigrant Visa Information 1. Indicate the type of visa classi?cation supported by this application (Wn'te classi?cation symbol}: H-2A 8. Temporary Need Information 1- Job Title HARVESTING 2. SOC code 3. SOC (ONETIOES) occupation title 45-2092 Farmworkers and Laborers, Crop. Nursery. and Greenhouse 4. Is this a full-time position? Period of Intended Employment .Yes Duo 5- {aegis/339 06/25/2018 6- (?32333 03/17/2013 Worker positions neededibasis for the visa classi?cation supported by this application 27 Total Worker Positions Being Requested for Certi?cation Basis for the visa classi?cation supported by this application (indicate the total workers in each applicable category based on the total workers identi?ed above) 27 a. New employment 0 d. New concurrent employment b. Continuation of previously approved employment 0 e. Change in employer without change web the same employer 0 c. Change previously approved employment 0 f. Amended petition 8. Nature of Temporary Need. (Choose only one of the standards) Seasonal I: Peakload One-Time Occurrence El Intermittent or Other Temporary Need 9. Statement of Temporary Need 1 at? Penn FOR DEPARTMENT OF LABOR USE ONLY age Case Number H-300-18102-843d10 Case Status CERTIFIED Vaiuluty Period: mm? to 0311732013 Case: Doc. 3-1 Filed: 07/26/18 Page: 16 of 103 PagelD 33 OMB Approval 1205-0466 .- . - xplrahon me 05312019 Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor C. Employer Information lmgoggnt Ngtg' Enter the full name of the individual employer. partnersh p. or corporation and all other required Information this section. For joint employer or master applications filed on behalf of more than one employer unde' the H-EA program. Identify the ma or primary employer in the section below and then submit a separate attachment that identi?es each employer. by name, mailing address ang tgga] W. under the application- 1. Legal busmess name MARIN J. CORP. 2. Trade nameIDoing Business As (DBA). if applicable 3. Address 1 2148 N. TORRINGTON RD. 4. Address 2 5. CILtly 6. State 7. Postal code AVO PARK FL 33825 8. Count 9. Province UNITED OF AMERICA NIA 10. Telephone number 11. Extension 229-456-1897 NIA 12. Federal Employer identi?cation Number (FEIN from IRS) 13. NAICS code (must be at least 4-diglt5) 115115 14. Number of non-family full-time equwalent employees 15. Annual gross revenue 16. Year established 2008 17. Type of employer application (choose only one box below) I: Individual Employer DAssociatIon Sole Employer (H-2A only) H-2A Labor Contractor or DAssomation - Jo nt Employer (H-EA only) Job Contractor DAssociation Filing as Agent only) D. Employer Point of Contact Information Important Note: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. The information in this Section go; different from the agent or attomey information listed in Section E. unless the attorney is an employee of the employer. For joint employer or master applications ?led on behalf of more than one employer under the H-2A program. enter ggly the contact information for the main or primary employer contact for an association ?ling as joint employer) under the application. 1. Contact's last (family) name 2. First (given) name 3. Middle name(s) MARIN JORGE NIA 4. Contact?s 'ob title PRESIDEN 5. Address 1 2148 N. TORRINGTON RD. 6. Address 2 NIA 7. Cl 8. State 9. Postal code Avon ark FL 33852 10. Count 11. Province STATES OF AMERICA NIA 12. Telephone number 13. Extension 14. E-Mail address 229-456-1897 NIA marincorp2015@outlook.com Form FOR DEPARTMENT OF LABOR use ONLY CascNumbcr Caz-:cStatus CERTIFIED Period owe-201E In Harm's Case: Doc. 3-1 Filed: 07/26/18 Page: 17 of 103 PagelD 34 0MB Approval 15505-0465 Expiration Date: 05:31121119 . . . . H-2A Application for Temporary Employment Certification Form ETA-9142A U.S. Department of Labor E. Attorney or Agent Information (If applicable) 1. Islare the empioyer(s) represented by an attorney or agent in the ?ling of this application DYes No (including associations acting as agent under the H-2A program)? If "Yes". complete Section E. 2. Attorney or Agent's last (family) name 3- (given) name 5 4- Middle name(s) NIA MIA 5. Address 1 NIA 6. Address 2 NIA 7. City 8. State 9. Postal code NIA NIA 10. Country 11. Province NIA NIA 12. Telephone number 13. Extension 14. E-Mail address NIA NIA 15. Law firmlBusiness name 5 16. Law ?rmlBusiness FEIN NIA MIA State Bar number (only if attorney) 18. State of highest court where attorney is in good A standing (only it attorney) NIA 19. Name of the highest court where attorney is in good standing (only if attorney) NIA F. Job Offer Information a. Job Description 1. Job Title WATERMELON HARVESTING 2. Number of hours of work per week 3. Hourly Work Schedule Basic *2 35-00 Overtime: 0 AM. (hmm): L: 00 PM. (hmm): QO 4. Does this position supervise the work of other employees? 4a. If yes. number of employees DYes .No worker will supervise (if applicable) 0 5. Job duties - A description of the duties to be performed MUST begin in this space. If necessary. add attachment to cgntinue and complete description. SEE ADDENDUM The worker will perform job duties as assigned by supervisor. They will vary from time to time depending on crop ripening and weather. The watermelon harvesting is temporary and will last from June to August. Watermelon Hand Harvesting?In order to perform this kind of work. the worker must be able to walk down the ?eld row and use a knife to hand cut ripe watermelons off the vine for harvesting. The watermelons are then loaded in a bus by forming part of an assembly line, in which the ?rst worker bends down picks up the watermelon and it is passed on to consecutive workers by passing. catching, lifting, until it reaches the worker on the bus. who then sets it down and stacks them until the bus is considered full. Form FOR DEPARTMENT or LABOR use ONLY 3 7 Case Number: Case Status mmo?_ Validity Perlud 0505er to oenmma Case: Doc. 3-1 Filed: 07/26/18 Page: 18 of 103 PagelD 35 0MB Approval: 1205-0455 Expiration Date: 0531:2019 . . . H-2A Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor F. Job Offer lnfonnation (continued) b. Minimum Job Requirements 1. Education: minimum U.S. diplomaidegree required 'None DHigh School/GED Associate's DBachelor?s UMaster?s DDoctorate DOther degree (JD. MD. etc.) 1a. If "Other degree? in question 1. specify the diploma! 1b. Indicate the major(s) andior ?eld(s) of study required degree required (May list more than one related major and more than one field) NIA NIA 2. Does the employer require a second U.S. diplomaldegree? _ Yes No 2a. If ?Yes? in question 2. indicate the second U.S. diplomaldegree and the major(s) andror ?eld(s) of study requrred NIA 3. is training for the job opportunity required? I lYes No 3a. it "Yes? in question 3. specify the number of 3b. indicate the ?eld(s)fname(s) of training required months of training required (May list more than one related ?eld and more than one type) 0 NIA 4. Is employment experience required? I Yes No 4a. If ?Yes" in question 4. specify the number of 4b. Indicate the occupation required months of experience required 0 NIA 5. Special Requirements - List speci?c skills. licensesicerti?cations. and requirements of the job Opportunity. The worker must be responsible and consistent on the job. The worker must be able to lift 0?75 lbs. continuously throughout the day and work in all kinds of weather. c. Place of Employment Information 1. Worksite address 1 18942-19220 County Rd. 522 2. Address 2 NIA 3. City 4. County Kennett Dunklin 5. StateiDistrict/Territory 6. Postal code MO 63857 7. Will work be performed in multiple worksites within an area of intended employment or a Iocation(s) other than the address listed above? .Yes EINO 7a. If Yes in question 7. identify the geographic place(s) of employment with as much speCI?city as posmble. If necessary. submit an attachment to gontinue and complete a listing of all anticipated State Area Based On Area 1. Missouri Other ??Please see attached harvesting itinerarym Form ETA-9 FOR DEPARTMENT or LABOR use ONLY 4 0'7 Case Number: Case Status: Validity Period M59013 to Case: Doc. 3-1 Filed: 07/26/18 Page: 19 of 103 PagelD 36 0MB Approval 1205-0455 2 mm? on? 05:3112019 H-2A Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor G. Rate of Pay 1. Basm Rate of Pay Offered 1a. Overtime Rate of Pay {trapplicabiej From: 13 .42 To (Optional): 0 . 00 From' 0 . 00 To (Optional): 0 . 00 2. Per (Choose only one) Hour [:IWeek Bi-Weekly DMonth DYear El Piece Rate 2a. If Piece Rate is indicated in question 2. SpeCIfy the wage offer requtrements. NIA 3. Additional Wage Information multiple work3ite applications. itinerant work, or other special procedures). If necessary, add attachment to continue and description. PIECE RATE H. Recruitment Information 1. Name of State Workforce Agency (SWA) serving the area of intended employment Missouri Department of Economic Development Division of Workforce 2. SWA job order identi?cation number 2a. Start date of SWA job order 2b. End date of SWA job order (In H-2A thi: date 50% of contract period) 12484859 04/020018 071211201 3 3. Is there a Sunday edition of a newspaper (of general circulation) in the area of - intended employment? YES I IN0 Name of NewspaperiPublication (in am of intended employment for H-2e only) - Dates of Print Advertisement 4. From: To: NIA IA NIA 5. From: To: NIA IA NIA 6. Additional Recruitment Activities for H-ZB program. Use the space below to identity the type(s) or source(s) of recruitment. geographic location(s) of recruitment. and the date(s) on which recruitment was conducted. If necessary, add attachment to cgntinue and complete description. NIA I-?orni IETA-9I4ZA FOR DEPARTMENT or LABOR use ONLY ?995?" Case Number: ?400-18102-843410 Case Status 9531151512 Validity Period: 05?25?2013 to 95?17?2013 Case: Doc. 3-1 Filed: 07/26/18 Page: 20 of 103 PagelD 37 0MB Approval 1205-0455 Expiraliori Date . . - H-2A Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor I. Declaration of Employer and Attorney/Agent In accordance with Federal regulations. the employer must attest that it Will abide by certain terms. assurances and obligations as a condition for receiving a temporary labor certi?cation from the US Department of Labor. A lications th tf il attach Appengix A or Appengix will be gonsidered ingomplete and not accented for processing by the ETA application processmo center. 1. For H-2A Applications ONLY. please confirm that you have read and agree to all the applicable terms. assurances and obligations contained in Appendix A. .Y95 El No I . NM 2. For H-ZB Appi cations ONLY. please con?rm that you have read and agree to all the applicable terms. assurances and obligations contained in Appendix B. I [Yes I J. Preparer Complete this section if the preparer of this application is a person other than the one identi?ed in either Section (employer point of contact) or (attorney or agent) of 5 application. 1. Last (family) name 2. First (given) name 3. Middle initial 4. Job Title 5 NIA 5. Firm/Business name 6. E-Mai addre 5 K. U.S. Government Agency Use (ONLY) Pursuant to the provisions of Section 101 of the immigration and Nationality Act. as amended. I hereby certify that there are not suf?crent U.S. workers available and the employment of the above Will not adversely affect the wages and working conditions of workers in the us. similarly employed. By virtue of the signature below. the Department of Labor hereby acknowledges the follow rig: This certi?cation is valid from 06/25/2018 to 08/17/2018 . La; 2 a 05/24/2018 Department of Labor Of?ce of Foreign Labor Certi?cation . Determination Date (date signed) H-300-18102-843410 CERTIFIED Case number Case Status Public Burden Statement (1205-0466) Persons are not requ red to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of Information is estimated to average 1 hour to complete the form. including the time for reviewing instructions. search rig exisiing data sources. gathering and maintaining the data needed. and completing and reviewing the collection of information. The obligation to respond to this data collection is required to obtain/retain benefits (Immigration and Nationality Act. 8 U.S.C. 1101. et seq). Please send comments regarding this burden estimate or any other aspect oi this information collection to the Of?ce of Foreign Labor Certi?cation U.S. Department of Labor Box 12-200 200 Constitution Ave. NW. Washington. DC Please Msend the completed application to this address. Form ETA-9142A FOR DEPARTMENT or LABOR use. ONLY P890 3 7 Case Number H-300-13102-843410 Case Status. CERTIFIED Validity Period 05592013 to 053172015 Case: Doc. 3-1 Filed: 07/26/18 Page: 21 of 103 PagelD 38 OM 3 Approval 1205-0466 mm" 8? 05:31:2019 H-2A Applicat:on for Temporary Employment certification Form ETA-9142A U.S. Department of Labor ADDENDUM ADDENDUM SECTION F.a.5' Additional Notes Regarding Job Duties Mtermelon Packing- The watermelon ls transported by bus to the packing shed Upon its amval. it is unloaded by a group of workers and placed on a conveyor belt. The group of workers on the conveyor hell are responsible for sorting. labeling. and packing the watermelon cardboard containers While the workers are weitlng on the next load of waterrnelons to emve. they will be responsible for assembling card board containers The worker must be able to work outside for 6 hours a day in all of weather including but not limited to extreme cold and hot conditions. direct sunlight. and rain. Workers must have the required physical strength and endurance to repeat the process rapidly and skillfully involved in this type of work. Workers will perform prolonged walking. bending. stooping. reaching. pushing, pulling. lifting. and carrying 0-75 lbs. Due to the nature of this type of work. there will be a Probationary Period of six days beginning on the ?rst day of employment for the employee to acclimate to the lob speci?cations Irsted under the Job Descriptions and Requirements. The worker will be given speci?ed Instructions as to how to properly perform the work speci?ed in the Job Description and Requirements Section on the first day of work. Workers who do not perform the work as speci?ed. may be laminated. The employer provide the tools necessary to perform the described lob duties without charge to the worker. The employer will charge the worker for reasonable costs related to the workers refusal or negligent failure to return the tools or due to such workers willful damage or destruction of the tools. Form FOR DEPARTMENT or LABOR use ONLY 7 7 Case Number ?300-1310354341? Case Status: Validity Period: 06r251201e to oartmma Case: DOC. 5-1 I-iied: U/izb/w PageT 22 ui103 PageiD 39 ETA Form 9142A Attachment: Page 5.I G. Rate of Pay. Item 3. Watermelon $13.42 Hourly Rate Piece Rates Field Cutters $20.00 per bus paid to group Field Loaders $80.00 per bus paid to group Drivers $7.00 per round trip Packing Shed Unloaders $20.00 per bus paid to group Packing Shed Line Worker $60.00 per bus paid to group Case: Doc. 3-1 Filed: 07/26/18 Page: 23 of 103 PageID 4O EXHIBIT Case: Doc. 3-1 Filed: 07/26/18 Page: 24 of 103 PagelD 41 0MB Approval: 1205-0466 i xpmon 05mm? H-ZA Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor Please read and review the filingr Instructions carefully before completing the Form . A copy of the instructions can be found accordance with Federal Regulations, incomplete or obviously inaccurate applications will not be certified by the Department of Labor. if submitting this form non-electronically. ALI: required fields/items containing an asterisk must be completed as well as any ?elds?tems where a response is conditional as indicated by the section symbol. Pi. Employment-Based Visa Information 1. Indicate the type of visa classi?cation supported by this application (Write classi?cation symbol): H-2A 3. Temporary Need Information 1- 40b CANTELOUPE. AND PUMPKIN HARVESTING 2. SOC (ONETIOES) code 3. SOC (ONETIOES) occupation title 45-2092 Farmworkers and Laborers, Crop. Nursery. and Greenhouse 4. is this a full-time position? Period of Intended Employment .Yes El No 5- Sigma 06/25/2013 5- 10/20/2013 10 7. Worker positions neededlbasis for the visa classi?cation supported by this application 80 Total Worker Positions Being Requested for Certi?cation Basis for the visa classi?cation supported by this application (indicate the total workers in each applicable category based on the total workers identi?ed above) 30 a. New employment 0 d. New concurrent employment 0 b. Continuation of previously approved employment? 0 e. Change in employer without change with the same employer 0 c. Change in previously approved employment 0 f. Amended petition 8. Nature of Temporary Need: (Choose only one of the standards) Seasonal Peakload One-Time Occurrence Intermittent or Other Temporary Need 9. Statement of Temporary Need NIA - - 1 . FOR DEPARTMENT OF LABOR use ONLY Number Case Status: CERTIFIED Validity Period to 3-13 Case: Doc. 3-1 Filed: 07/26/18 Page: 25 of 103 PageID 42 Approval 12ll5-04I-6 Expiration Dav: H-2A Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor 0. Employer lnforrnation Enter the full name of the individual employer. partnership. or corporation and all other required information in this section. For joint employer or master applicalions tiled on behalf of more than one employer under the H-2A program. identify the main or primary employer in the section below and then submit a separate attachment that identi?es each employer. by name. mailing address. and total W. under the application. 1. Legal business name MARIN J. CORP. 2. Trade namelDoing Business As (DEA). if applicable NIA 3. Address 1 2148 N. TORRINGTON RD. 4. Address 2 MIA 5. Cl'i?y 6 Slate 7. Postal code AVO PARK FL 33825 8. Countg 9. Province UNITED TATES OF AMERICA IA 10. Telephone number 11. Extension 229-456?1897 NIA 12. Federal Employer Identification Number (FEIN from IRS) 13. NAICS code (must be at least 4-digits) 115115 14. Number of non-lam Iy full-time equwalent employees 15. Annual gross revenue 16. Year established I 2008 17. Type of employer application (choose only one box below) El Individual Employer DAssociation Sole Employer (H-2A only) H-2A Labor Contractor or DAssociation Joint Employer (H-2A only) Job Contractor DAssomation Filing as Agent (H-2A only) D. Employer Point of Contact lnfonnation important Note The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certi?cation matters. The informal on in this Section be different from the agent or attorney information listed in Section E. unless the attorney is an employee of the employer. For iomt employer or master applicatons ?led on behalf of more than one employer under the H-ZA program. enter only the contact information for the main or primary employer contact for an association ?ling as joint employer) under the application. 1. Contact's last (family) name 2. First (given) name 3. Middle name(s) MARIN JORGE NIA 4. Contact's 'ob t.tle PRESIDEN 5. Address 1 2148 N. TORRINGTON RD. 6. Address 2 NIA 7. CW 8. State 9. Postal code AVO PARK 33852 10. Count 11. Province UNITED sr?tAres OF AMERICA WA 12. Telephone number 13. Extensron 14. E-Mail address 229-456-1897 NIA marincorp2015@outlook.com Form ETA-9142A FOR DEPARTMENT or LABOR use ONLY ?1 '3 CascNumbcr.? Case Status Validi:y Period weir-W in momma Case: Doc. 3-1 Filed: 07/26/18 Page: 26 of 103 PagelD 43 OMB Approval: 1205-0455 Expiration Date: . . . H-2A Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor E. Attorney or Agent Information (If applicable) 1. Isiare the employerts) represented by an attorney or agent in the ?ling of this application DYes 0 {including associations acting as agent under the H-2A program)? If ?Yes". complete Section E. 2. Attorney or Agent's last (family) name 5 3- First (given) name 4- Middle name(s) NIA NIA NIA 5. Address 1 NIA 6. Address 2 NIA 7. City? 8. State 9. Postal code NIA NIA NIA 10. Country 11. Province NIA NIA 12. Telephone number 13. Extension 14. E-Mail address NIA NIA NIA 15. Law firmiBusiness name 16. Law ?rmIBusiness FEIN NIA I 17. State Bar number (only it attorney) 18. State of highest court where attorney is in good IA standing (only if attorney) NIA 19. Name of the highest court where attorney is in good standing (only if attorney) NIA F. Job Offer Information a. Job Description 1. Job Title WATERMELON. CANTELOUPE. AND 2. Number of hours of work per week 3. Hourly Work Schedule Basic 36.00 Overtime: 0 AM. 00 PM. (hmm): 00 4. Does this position supervise the work of other employees? 43. If yes. number of employees DYes-No 0 5. Job duties A description of the duties to be performed MUST begin in this space. If necessary. add attachment to continug and complete description. SEE ADDENDUM The worker will perform job duties as assigned by supervisor. They will vary from time to time depending on crop rpening and weather. The watermelon harvesting is temporary and will last from June to October. Watermelon Hand Harvesting-In order to perform this kind of work. the worker must be able to walk down the ?eld row and use a knife to hand out ripe watermelons off the vine for harvesting. The watermelons are then loaded rn a bus by forming part of an assembly line, in which the ?rst worker bends down picks up the watermelon and it is passed on to consecutive workers by passing. catching. lifting, until it reaches the worker on the bus. who then sets it down and stacks them until the bus is consrdered full. Form FOR DEPARTMENT OF LABOR use ONLY 3 ?a Case Number ?-300-13124?947393 Case Status 953115159 Validity Period 051252015 lo 1or2tv2018 Case: Doc. 3-1 Filed: 07/26/18 Page: 27 of 103 PagelD 44 0MB Approval 1205-0465 I3 mm as "2019 H-ZA Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor F. Job Offer Information (continued) b. Minimum Job Requirements 1. Education: minimum U.S. diplomaldegree required .None DHigh SchooliGED Assooate's DBachelor?s DMaster?s DDoctorate EIOther degree (JD. MD. etc.) 1a. If "Other degree" in question 1. specify the diploma! 1b. Indicate the major(s) andior ?eld(s) of study required degree required (May st more than one related major and more than one ?eld) NIA 2. Does the employer require a second U.S. plomaldegree? I DYes No 2a. if "Yes" in question 2, ind-sate the second U.S. plomaidegree and the major(s) and/or of study required NIA 3. Is training for the job opportunity requ red?Yes? in queston 3. specn?y the number of 3b. Indicate the of training requrred months of training required 5 (May list more than one related ?eld and more than one type) 0 MIA 4. Is employment experience required? I Yes No 43. If "Yes" in question 4. specify the number of 4b. Indicate the occupation required months of experience required 0 veri?able experience in fruit or vegetable commercial harves 5. Special Requirements - List speci?c skills. licenseslcerti?cations. and requ rements of the job opportunity. The worker must be responsible and consistent on the job. The worker must be able to lift 0?75 lbs. continuously throughout the day and work in all kinds of weather. c. Place of Employment Information 1. Worksne address 1 NIA 2. Address 2 NIA 3. City? 4. County NIA MIA 5. StateIDistrictherritory 6. Postal code MO NIA 7. Will work be performed in multiple worksites within an area of intended employment or a location(5) other than the address listed above? .Yes DNO 7a. If Yes in question 7. identify the geographic placets) of employment with as much speci?city as possible. If necessary, submit an attachment to continue and complete a listing of all anticipated worksites. State Area Based On Area 1. Missouri Other "'Please_ harvestng itinerarym Form ETA-9142A FOR DEPARTMENT or LABOR use ONLY 4 ?a Case Number ??13124'9?759?5 Case Status CERTIFIED VJlidn'i- I?cr od M59013 to 10?20?20?3 Case: Doc. 3-1 Filed: 07/26/18 Page: 28 of 103 PagelD 45 Em ?on Date 05113112019 H-2A Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor G. Rate of Pay 1. Basic Rate of Pay Offered From' 13 .42 To (Optional): 0 00 From: 0 . 00 To (Optional): 0 . 00 2. Per (Choose only one) Hour '3 Week Bi-Weekly DMonth DYear El Piece Rate 2a. If Piece Rate is indicated in question 2, specify the wage offer requrremen's. NIA 3. Additional Wage lnfon'nation multiple worksite applications, it nerant work. or other Special procedures). If necessary. add attachment to continue and complete description. SEE ADDENDUM 1a. Overtime Rate of Pay {ifappircabie} the worker's total pay for the pay period from piece rate earnings and hourly wages divided by his total hours worked during that pay period results in average hourly earnings of less than the guaranteed hourly rate. the worker Will be H. Recruitment Information 1. Name of State Workforce Agency (SWA) serving the area of intended employment Missouri Department of Economic Development 2. SWA job order identi?cation number 2a. Start date of SWA job order 2b. End date of SWA job order (In H-2A this date is 50% of contract period) 12490128 0411812018 09/02/2018 3. Is there a Sunday edition of a newspaper (of general circulation) in the area of I intended employment? Yes I IN0 Name of Newspaper/Publication {in area offnteno'ed empioymenirarH-ze only) 1 Dates of Print Advertisement 4. From: To: NIA NIA MIA 5. From: To: NIA NIA NIA 6. Additional Recruitment Activities for H-ZB program. Use the Space below to identify the type(s) or source(s) of recru1tment. geographic location(s) of recruitment. me the dateis) on which recmitrnent was conducted. If necessary, add attachment to gentinue and comelete description. NIA Form ETA-9142A FOR DEPARTMENT or LABOR use ONLY 5 3 Case Number ?400-13124'947595 Case Status: QEBIIFIEQ Validity Period: 03953015 to 1090?? Case: Doc. 3-1 Filed: 07/26/18 Page: 29 of 103 PagelD 46 OMB 1205-0465 Expiration Date 053112019 . . - - H-2A Application for Temporary Employment Certi?cation Form ETA-9142A U.S. Department of Labor I. Declaration of Employer and AttorneylAgent In accordance with Federal regulations. the employer must attest that it will abide by certain terms. assurances and obligations as a sand tion for receiving a temporary labor certi?cation from the U.S. Department of Labor. A lication hat fail to a ach Appendix A or Appendix will be considered inCOmplete and not accented for processing by the ETA licati sun center 1. For H-2A Applicat ons ONLY. please con?rm that you have read and agree to all the appl cable terms. assurances and obligations contained in Appendix A. 5 .Y?i'5 ND NM 2. For Applications ONLY. please confirm that you have read and agree to all the applicable terms. assurances and obligations contained in Appendix B. I lYes I J. Preparer Complete this section if the preparer of this application is a person other than the one identi?ed in either Section (employer point of contact) or (attorney or agent) of the application. 1. Last (famJy) name 2. Fi'st (given) name 3. Middle initial NIA NIA NIA 4. Job Title NIA 5. Finni?Business name NIA 6. E-Mail address NIA K. U.S. Government Agency Use (ONLY) Pursuant to the prov=sions of Section 101 of the Immigration and Nationality Act. as amended. I hereby certify that there are not suf?cient 3. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S. Sim larly employed. By virtue of the Signature below. the Department of Labor hereby acknowledges the following: This certification is valid from 0612512018 to 10120/201 . 3? a 2 06/08/2018 Department of Labor. Of?ce of Foreign Labor Cert'tication Determination Date (date signed) CERTIFIED Case number Case Status Public Burden Statement (1205-0466) Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 1 hour to complete the form. including the time for reviewing instructions. searching exist ng data sources. gathering and maintaining the data needed. and completing and reviewing the collection of information. The obligation to respond to this data collection is required to obtainiretain benefits (tmmigrat'on and Nationality Act. 8 U.S.C. 1101. et seq.). Please send comments regarding this burden estimate or any other aspect oi this informaton collection to the Of?ce of Foreign Labor Certi?cat on U.S. Department of Labor Box 12-200 200 Constitution Ave.. NW. Washington. DC PleaseMsend the completed application to this address. Form ETA-9142A FOR DEPARTMENT OF LABOR USE ONLY ?39" 3 HMO-18124347696 Case Number Case Sll'JllS? Validily Period mm? to ?39-9013 Case: Doc. 3-1 Filed: 07/26/18 Page: 30 of 103 PagelD 47 OMB Approval: 1205-0468 xprration ate 0513th019 H-ZA Application for Temporary Emp oyment Certification Form ETA-9142A U.S. Department of Labor ADDENDUM ADDENDUM SECTION F.a.5: Additional Notes Regarding Job Duties Pumpkin Hand Harvestinan order to perform this kind of work. the worker must be able to walk down the field row and use a pair or toppers to hand out ripe pumpkins off the vine tor harvesting. The pumpkins are then loaded In a bus by forming pan of an assembly line in wh oh the ?rst worker bends down picks up the watermelon and it is passed on to consecutive workers by passing. catching. lifting. until It reaches the worker on the bus. who then sets it down and stacks them unit the bus is considered full. Cantaloupe Hand Harvesting-In order to perform this kind ot work. the worker must be able to walk down the field row and ?nd the ripe cantaloupe based on texture and color The ripe cantaloupes are picked off the vine by hand. The cantaloupes are then loaded in a bus by lon'ning part at any assembly line in which the first worker bends down picks up the watermelon and it is passed on to consecutive workers by passing. catching. lilting. until it reaches the worker on the bus. who then sets it down and stacks them until the bus is considered full Mien-helm. Pumpkin. and Cantaloupe Packing- The waten?nelon. pumpkin. or cantaloupe transported by bus to the packing shed. Upon its arrival. it is unloaded by a group of workers and placed on a conveyor belt The group 0! workers on the conveyor belt are responsible for soning. labeling. and packing the watermalons. pumpkins. and cantaloupes in cardboard containers. While the workers are waiting on the next load of watermelons to arrive. they will be responsible for assembling cardboard containers. The worker must be able to work outside for 6 hours a day in all kinds of weather including. but not limited to extreme cold and hot conditions. direct sunlight. and rain. Workers must have the required physical strength and endurance to repeat the process rapidly and skillfully involved in this type of work Wbrkers will parlour: prolonged walking. bending. stopping. reaching. pushing. pulling. titling. and carrying 0-75 Due to the nature at this type or work. there will be a Probationary Period of six days beginning on the ?rst day 0! employment for the employee to acclimate to the job speci?cations listed under the Job Descriptions and Requirements The worker will be given specific instructions as to now to property perform the work specified in the Job Description and Requirements Section on the Iirsl day of work. Workers who do not perform the work as speci?ed. may be laminated. The employer will provide the tools necessary to perform the described job duties without charge to the worker. The employer will charge the worker for reasonable costs related to the workers retusal or negligent failure to return the tools or due to such workers willful damage or destruction of the tools. Form ETA-9142A FOR DEPARTMENT OF LABOR usr: ONLY 7 ?f 8 Case Number ?'300'13124'9?7593 Case Status: Validity Period: to tomorzma Case: Doc. 3-1 Filed: 07/26/18 Page: 31 of 103 PageID 48 0MB Approval? 1205-0455 Expiration Date 0513162019 . . . . H-2A Application for Temporary Employment Certi?catlon Form ETA-9142A U.S. Department of Labor ADDENDUM ADDENDUM SECTION 6.3: Additional Wage Information prowdad busld-up pay to the guaranteed munimum hourlyr rate Form ETA-9142A FOR DEPARTMENT or LABOR use ONLY P899 3 3 Case Number Hm1312"9?7593 Case Status Valium 0612552018 to 1012012018 Case: Doc. 3-1 Filed: 07/26/18 Page: 32 of 103 PageID 49 EXHIBIT yw Doc. 3-1 Filed: 07/26/1 _':Page: 34 of 103 Page?: Filed: 07/26/18 Page: 35 of 103 Page?: 1:18 Doc. 3-1 Filed: 07/26/18 Page: 36 of 103 Page?: Case: Doc. 3-1 Filed: 07/26/18 Page: 37 of 103 PageID 54 EXHIBIT Case: Doc. 3-1 Filed: 07/26/18 Page: 38 of 103 PageID 55 ..-. . .Case: Doc. 3-1 07/26/18 Page: 39 of . . LII. 001 Case: Doc. 3-1 Filed: 07/26/18 Page: 42 of 103 PageID 59 EXHIBIT Case: Doc. 3-1 Filed: 07/26/18 Page: 43 of 103 PagelD 60 Form Approved Budget Bureau No. 44-R1358 U.S. Department ol'Labor, Employment and Training Administration U.S. AND EMPLOYMENT SERVICE EMPLOYER FURNISHED HOUSING AND FACILITIES (See Irrsmu'rr'ons on Reverse) 1. NAME AND ADDRESS Marin J. Corporation 2148 North Torrington Rd. Avon Park. FL 33825 2. HOUSING LOCATION 3. HOUSING DESCRIPTION 4346 State Hwy Unit #11 Brick House Senathl MO 63876 4. SLEEP ROOMS a. Dormitory Type D. Family Type (No. a MeasureUSE ONLY . . . . 5. CAPACITY Length 14 3 141 132 99 (Adam) 16 . . . 6. REGULATIONS COMPLIANCE Width 227 10 1410 1311 (it"properbox) Yes No Ceiling Height 8 8 8 8 Water PE El Square Feet 324.61 141 186.12 130 Electricity IE No. of Rooms 1 1 1 Site No. of Beds. Singl_e 6 3 4 1 Screening XI No. of Beds or . Bunks. Double 1 Heating El 7. FACILITIES {Number of each} Flush Toilets Privy Urinals Lav. or Washbasins Showerheads 2 2 Bathtubs Movable Bathtubs Laundry machines Fixed laundry tubs Movable laundry tubs 1 Cook Stoves Refrigerators Garbage containers First-aid Kits Fire Extinguishers a typeCOMMENTS Large trash container for weekly pickup 3 smoke alarms Will take workers to local laundry mat weekly. 9. CERTIFICATION: I CERTIFY THAT I have reviewed the housing regulations of the U.S. Department of Labor. U.S. Training and Employment Service. and that the housing described herein ITIBEIS of?ce andlor Employment and Training Administration regional of?ce to inspect the above housing at any reasonable time. does not meet such standards. I hereby authorize representatives of the State Employment Service Employer's Signature Typed Name and Title Date 10. HOUSING INSPECTED BY: Anita Dixson Signature of Authorized Of?cial Typed Name and Title Dale Joyce Hahn, FLC Program Coordinator Housing approved for occupancy by workers recruited interstate. Signature of Authorized Of?cial Typed Name and Title Date 05% 76/4/59 Joyce Hahn, FLC Program Coordinator 6/ FORM R-JULY 195; Al Case: Doc. 3-1 Filed: 07/26/18 Page: 44 of 103 PagelD 61 ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: INSTRUCTIONS FOR COMPLETING FORM ES-338 Self-Explanatory. Give directions for locating housing. Describe housing and identify each separate unit. Barrack type of dormitory, apartments, single family dwellings, brick, etc. List measurements of each type of dormitory room; and measurements and items of units of same size and show number. Capacity will be determined by local office of State ES agency. Check ?Yes" or ?No" for each item alter consideration of Regulation requirements. ITEM 7: ITEM 8: ITEM 9: ITEM ITEM ll: Record number of each type of unit. De?ciencies, planned improvements, and other information about the housing should be recorded here. When the form is completed by an employer. this item must also be completed and signed by the employer or his agent. To be completed by the of?cial conducting the housing inSpection. To be executed by the Employment Service of?cial approving use of the housing by interstate workers. FOR M-E S-338-R 2-2 R-JULY 1969-AI Case: Doc. 3-1 Filed: 07/26/18 Page: 45 of 103 PageID 62 EXHIBIT Case: g! Doc. 3-1 Filed: 07/26/18 Page: 48 of 103 Pagell Doc.#: 3-1 Filed: 07/26/18 Page: 50 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 52 of 103 PageID #: 69 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 53 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 54 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 55 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 56 of 103 PageID Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 57 of 103 PageID #: 74 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 58 of 103 PageID #: 75 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 59 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 60 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 61 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 62 of 103 PageID Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 63 of 103 PageID #: 80 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 64 of 103 PageID #: 81 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 65 of 103 PageID #: 82 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 66 of 103 PageID #: 83 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 67 of 103 PageID #: 84 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 68 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 69 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 70 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 71 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 72 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 73 of 103 PageID Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 74 of 103 PageID #: 91 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 75 of 103 PageID Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 76 of 103 PageID #: 93 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 77 of 103 PageID #: 94 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 78 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 79 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 80 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 81 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 82 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 83 of 103 PageID 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 84 of 103 PageID Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 85 of 103 PageID #: 102 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 86 of 103 PageID #: 103 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 87 of 103 PageID #: 104 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 88 of 103 PageID #: 105 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 89 of 103 PageID #: 106 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 90 of 103 PageID #: 107 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 91 of 103 PageID #: 108 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 92 of 103 PageID #: 109 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 93 of 103 PageID #: 110 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 94 of 103 PageID #: 111 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 95 of 103 PageID #: 112 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 96 of 103 PageID #: 113 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 97 of 103 PageID #: 114 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 98 of 103 PageID #: 115 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 99 of 103 PageID #: 116 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 100 of 103 PageID #: 117 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 101 of 103 PageID #: 118 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 102 of 103 PageID #: 119 Case: 1:18-cv-00184-SNLJ Doc. #: 3-1 Filed: 07/26/18 Page: 103 of 103 PageID #: 120 Case: 1:18-cv-00184-SNLJ Doc. #: 3-2 Filed: 07/26/18 Page: 1 of 9 PageID #: 121 Case: 1:18-cv-00184-SNLJ Case 2:17-cv-01446-DLR Doc. #:Document 3-2 Filed: 1607/26/18 Filed 05/19/17 Page: 2Page of 9 PageID 1 of 8 #: 122 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 R Alexander Acosta, Plaintiff, 10 11 v. 12 G Farms LLC, an Arizona LLC; Santiago Gonzalez; LeFelco, a Wyoming Profit Corporation; Aturo Valdez Castro; and Raul Leon, 13 14 No. CV-17-01446-PHX-DLR ORDER Defendants. 15 16 17 18 The Court has reviewed the parties' Notice of Lodging of Stipulation and Proposed 19 Order and Stipulation Re: Entry of Preliminary Injunction. (Docs. 15, 15-2.) For good 20 cause shown, 21 IT IS ORDERED that the parties' Stipulation Re: Entry of Preliminary Injunction 22 is GRANTED and Plaintiff's Application for Temporary Restraining Order (Doc. 2) is 23 DENIED as moot. 24 Plaintiff R. Alexander Acosta, Secretary of Labor, has applied, pursuant to Rule 25 65 of the Federal Rules of Civil Procedure, for a temporary restraining order and a 26 preliminary injunction. The Secretary and Defendants G Farms, Santiago Gonzalez, 27 LeFelco, and Raul Leon ("Defendants") have stipulated and agreed to entry of a 28 preliminary injunction on the terms set forth below. Case: 1:18-cv-00184-SNLJ Case 2:17-cv-01446-DLR Doc. #:Document 3-2 Filed: 1607/26/18 Filed 05/19/17 Page: 3Page of 9 PageID 2 of 8 #: 123 1 INSOFAR as Defendants failed to house their H-2A guest workers in the facilities 2 they sought and received approval for in their work order and instead, housed them in 3 buses, trailers and an open-air shed at the farm; and 4 INSOFAR as Defendants have also failed to keep track of the hours worked by 5 these H-2A workers during the workweek beginning April 22, 2017, and to pay them, as 6 agreed and required under governing regulations, on an hourly basis of $10.95 an hour; 7 good cause having been shown, and in light of the parties' stipulation, it is hereby 8 ORDERED that a Preliminary Injunction be granted; and 9 It is ORDERED effective immediately that: 10 (1) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 11 Leon are enjoined and restrained from housing H-2A guest 12 workers in housing that does not fully comply with all applicable 13 State and federal housing standards; 14 (2) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 15 Leon are enjoined and restrained for the duration of the 2017 16 season from housing H-2A workers in the bus and trailer 17 facilities in which workers were housed from April 21, 2017 18 through May 4, 2017; 19 (3) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 20 Leon are ordered to house H-2A guest workers in Desert 21 Gardens Apartments for the remainder of the 2017 season and to 22 make said housing available for inspection by representatives of 23 the Department of Labor at their reasonable request. As part of 24 providing this housing, Defendants are ordered to implement the 25 specified housing requirements set forth in Exhibit A; 26 (4) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 27 Leon are enjoined and restrained from making any deductions 28 from H-2A workers' pay except as authorized by the statute or -2- Case: 1:18-cv-00184-SNLJ Case 2:17-cv-01446-DLR Doc. #:Document 3-2 Filed: 1607/26/18 Filed 05/19/17 Page: 4Page of 9 PageID 3 of 8 #: 124 1 regulations. This means that no deductions for food or catering 2 can be made while workers are housed in apartments that have 3 cooking facilities; 4 (5) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 5 Leon are required to provide, or ensure that the workers are 6 provided with, free and safe transportation to and from the 7 worksite, and to and from grocery stores as needed at least once 8 a week. This transportation may only be made by persons who 9 are authorized to transport the workers in vehicles that have been 10 11 inspected and certified by the Department of Labor. (6) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 12 Leon are enjoined and restrained from failing to maintain 13 accurate time and payroll records of all hours worked by the H- 14 2A workers, ordered to keep all such records as are required 15 under the H-2A regulations, and provide to each worker a record 16 of their hours worked on a weekly basis for their review. Hours 17 worked includes time transporting workers to and from the fields 18 from the Desert Gardens; 19 (7) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 20 Leon are enjoined and restrained from failing to pay all H-2A 21 workers no less than the hourly rate of $10.95 as required under 22 the work order approving their application for visas for these 23 workers, including any additional wages that are currently 24 owing. Defendants may pay employees on a piece rate basis of: 25 $0.70 per sack for clipping onions; $0.35 per bag for grading 26 onions (with the number of bags to be divided among a group of 27 25 workers); $0.14 per bag for field loading of onions (with the 28 number of bags to be divided among a group of 6 workers); -3- Case: 1:18-cv-00184-SNLJ Case 2:17-cv-01446-DLR Doc. #:Document 3-2 Filed: 1607/26/18 Filed 05/19/17 Page: 5Page of 9 PageID 4 of 8 #: 125 1 $0.13 per bag for shed unloading of onions (with the number of 2 bags to be divided among a group of 6 workers); $10 per ton for 3 field pitching of watermelons; and $10 per ton for shed packing 4 of watermelons; but they must tally the total hours worked on a 5 weekly basis to determine if all workers were paid at a rate 6 equivalent to $10.95 for each hour worked. Where the piece 7 rate earnings fall below the required wage rate, Defendants shall 8 make up the difference; 9 (8) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 10 Leon are authorized to offer the H-2A workers work in excess of 11 8 hours per day/five days per week as stated in the work order 12 through the end of the 2017 harvest, however, they may not 13 pressure them to do so and workers must be free to refuse to 14 work the additional hours; 15 (9) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 16 Leon are enjoined and restrained from threatening or coercing 17 workers into making payments or kick-backs of any kind to 18 themselves, their agents, associates or employees, and from 19 threatening or coercing workers from exercising their rights to 20 communicate fully and freely with the Department of Labor 21 investigators without fear of retribution; 22 (10) Defendants G Farms, Santiago Gonzalez, LeFelco, and Raul 23 Leon are ordered to do everything reasonably necessary to 24 prevent any person, including their agents, associates and 25 employees, and including their co-defendants including 26 Defendant Arturo Valdez Castro from receiving payments from 27 the workers, and/or from threatening or coercing the workers 28 from exercising their rights to communicate fully and freely with -4- Case: 1:18-cv-00184-SNLJ Case 2:17-cv-01446-DLR Doc. #:Document 3-2 Filed: 1607/26/18 Filed 05/19/17 Page: 6Page of 9 PageID 5 of 8 #: 126 1 the Department of Labor investigators without fear of 2 retribution, including, but not limited to, disassociating all 3 business ties with any such person, cutting off any such person's 4 access to H-2A workers on their G Farms, and reporting any 5 such threats, intimidation or coercion to the Department of 6 Labor; 7 (11) Within one week of this Order, Defendants shall permit a 8 representative of the Secretary, in the presence of Defendants 9 Gonzalez, Castro, and Leon, to read aloud, in both English and 10 Spanish, and thereafter provide a written copy to each employee, 11 of this Order, as well as the following statement: 12 You are protected by the H-2A visa statute and regulations and 13 have the right to participate freely in the U.S. Department of 14 Labor's investigation into your employer's pay practices. You 15 have the right to speak freely with investigators or other official 16 from the Department of Labor. Your employer is prohibited 17 from retaliating against you in any way because you spoke with 18 the Department of Labor. 19 20 Usted está protegido por la Ley de H-2A y tiene el 21 derecho de participar libremente en la investigación del 22 Departamento de Trabajo. Usted tiene el derecho de 23 hablar libremente con investigadores u otras personas del 24 Departamento de Trabajo. La ley H-2A le prohíbe a su 25 empleador tomar cualquier tipo de represalias contra de 26 usted por ejercer sus derechos o hablar con el 27 Departamento de Trabajo. 28 -5- Case: 1:18-cv-00184-SNLJ Case 2:17-cv-01446-DLR Doc. #:Document 3-2 Filed: 1607/26/18 Filed 05/19/17 Page: 7Page of 9 PageID 6 of 8 #: 127 1 (12) 2 3 Defendants shall provide seven days written notice to the Department of Labor before terminating any worker; (13) This injunction sets forth the obligations of each individual 4 defendant. Each defendant must comply with its own obligations 5 under this order. 6 Dated this 19th day of May, 2017. 7 8 9 10 Douglas L. Rayes United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- Case: 1:18-cv-00184-SNLJ Case 2:17-cv-01446-DLR Doc. #:Document 3-2 Filed: 1607/26/18 Filed 05/19/17 Page: 8Page of 9 PageID 7 of 8 #: 128 1 ATTACHMENT A 2 3 4 5 6 7 8 9 10 11 12 13 14 15 General Housing Requirements:  Ensure living area is clean and sanitary which includes contracting individual(s) to maintain and clean kitchen, bathrooms, and common areas  Adequate supply of hot and cold running water for cooking, bathing, and laundry  Safe transportation provided to and from grocery store at no cost at least once per week  No deductions or requests for payments can be made for meals  Windows must be able to open at least halfway for ventilation purposes and must be equipped with screens  Screen doors must be equipped with self-locking device.  Must comply with all federal, state and local housing standards for the life of the Clearance Order  Must fully comply with all requirements under OSHA 1910.142 Standards 16 17 18 19 20 21 22 23 24 25 26 27 28 Sleeping Quarters (Rooms):  Each occupant must have their own individual bed with a mattress and bed frame that is at least 1 foot off the ground.  Beds must be at least 3 feet apart from each other  Each sleeping area must have at least 50 square feet of floor space per occupant  All appropriate bedding must be provided, at the Employer's expense, including but not limited to sheets, covers, pillows, pillowcases, etc.  Each room must have at least one ceiling type light fixture and at least one electrical outlet.  Each occupant must have adequate storage space and hangers for their personal belongs (i.e., dresser, etc.) Kitchen/Dining Facilities:  Kitchen/dining facilities should be separate from sleeping quarters. -7- Case: 1:18-cv-00184-SNLJ Case 2:17-cv-01446-DLR Doc. #:Document 3-2 Filed: 1607/26/18 Filed 05/19/17 Page: 9Page of 9 PageID 8 of 8 #: 129  Basic kitchen supplies must be provided, at the Employer's expense, including but not limited to: pots/pans, silverware, plates, bowls, knives, cutting boards, and proper food storage capabilities.  Kitchen is equipped with dining table and enough chairs for each occupant  Proper garbage receptacle that is kept clean, sanitary and emptied no less than twice a week. 1 2 3 4 5 6 7 8 Laundry Facilities:  Ensure each occupant can wash and dry their own clothes separate from sinks or bathtubs.  If laundry facilities are provided by the apartment complex, the use of the washers and dryers has to be at no expense to the employees. Expenses incurred by fee-based washers and dryers must be refunded by the Employer. 9 10 11 12 13 14 Bathrooms/Bathing Facility:      15 16 17 18 19 20 Provide adequate supply of toilet paper Each bathroom must be adequately ventilated Each bathroom must be adequately lighted Shower curtains must be provided by the Employer Must have adequate hot and cold water and adequate water pressure for each occupant.   21 22 23 24 25 26 27 28 -8-