Case: 1:18-cv-00184-SNLJ Doc. #: 1 Filed: 07/26/18 Page: 1 of 5 PageID #: 1 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. ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT CIVIL ACTION NO. 1:18-CV-184 COMPLAINT Plaintiff R. Alexander Acosta, Secretary of Labor, United States Department of Labor (the “Secretary”), brings this action pursuant to Rule 65 of the Federal Rules of Civil Procedure, as well as 8 U.S.C. § 1188(g)(2), 20 C.F.R. Part 655, Subpart B (the “H-2A Program”), and 29 C.F.R. § 501.16(b) and (c), to prevent Defendant Marin J. Corporation (“Defendant” or “Marin J. Corp.”) from violating its obligations under the H-2A Program with regard to its employment of non-immigrant temporary agricultural workers. INTRODUCTION 1. An investigation conducted by the Wage and Hour Division of the United States Department of Labor (“WHD”) observed unsanitary work environments, inhumane and unhealthy housing conditions, and significant federal regulatory wage violations related to Defendant Marin J. Corp.’s use of the H-2A Program. The Secretary is charged with enforcing the H-2A Regulations 1 Case: 1:18-cv-00184-SNLJ Doc. #: 1 Filed: 07/26/18 Page: 2 of 5 PageID #: 2 to ensure the rights of the non-immigrant temporary agricultural workers are not violated and prevent agricultural employers from exploiting their domestic and foreign workforces. 2. Accordingly, the Secretary seeks to enjoin Defendant Marin J. Corp. from subjecting H-2A workers to inhumane and unhealthy housing conditions in violation of 8 U.S.C. § 1188(c)(4), 20 C.F.R. § 655.122(d), and 29 C.F.R. § 1910.142, exposing H-2A workers to unsanitary work environments in violation of 29 C.F.R. § 1928.110, from failing to maintain records as required by 20 C.F.R. § 655.122(j), and from failing to pay the required wage rate in accordance with 20 C.F.R. § 655.120(a). THE PARTIES 3. Plaintiff R. Alexander Acosta is the Secretary of Labor, United States Department of Labor. 4. Defendant Marin J. Corporation is a Florida corporation, with its principal place of business located in Avon Park, Florida, engaged in the interstate transportation of goods, including watermelons, cantaloupes, and pumpkins. At all material times, Marin J. Corp. has been an “employer” within the meaning of 8 U.S.C. § 1188 and the implementing regulations at 20 C.F.R. § 655.103. JURISDICTION 5. This Court has subject matter jurisdiction under 8 U.S.C. 1188(g)(2) and 29. C.F.R. § 501.16(b), as well as federal question jurisdiction under 28 U.S.C. § 1331, 2 Case: 1:18-cv-00184-SNLJ Doc. #: 1 Filed: 07/26/18 Page: 3 of 5 PageID #: 3 VENUE 6. Venue is proper under 28 U.S.C. § 1391 and Local Rule 3-2.07(b)(3) of the Local Rules of the Eastern District of Missouri because although Defendant Marin J. Corp. is not a resident of the Eastern District of Missouri, and the actions giving rise to this Complaint took place in and around Kennett, Missouri within the jurisdiction of this Court. FACTS RELEVANT TO INJUNCTIVE RELIEF (Defendant Marin J. Corp. Violated Its Obligation as an H-2A Agricultural Employer) 7. Beginning on or about June 28, 2018, Defendant Marin J. Corp. violated its obligations under 8 U.S.C. § 1188(c)(4), 20 C.F.R. § 655.122(d), and 29 C.F.R. § 1910.142 to provide its H-2A workers with appropriate housing, at no cost to the H-2A workers, when it required its H-2A workers to live and sleep in overcrowded hotel rooms, with four (4) to six (6) workers per room; two unsafe, deteriorating, and unsanitary residences, with less than 50 ft2 of space per worker and without 36” of space between beds; and, finally, in an unsuitable and substandard former county jail, with inoperable kitchen facilities and limited external light. 8. Beginning or about June 28, 2018, Defendant Marin J. Corp. violated its obligations under 29 C.F.R. § 1928.110 to provide their H-2A workers with safe and sanitary work environments, when it deprived them of consistent and adequate access to mobile sanitation units, handwashing stations, and drinking water, resulting in dehydration, poor hygiene, and exposure to potential adverse health consequences. 9. Beginning or about June 28, 2018, Defendant Marin J. Corp. violated its obligations under 20 C.F.R. §§ 655.122(j) and (k) and 655.167 to keep accurate records of the H-2A workers’ hours worked, earnings, and deductions, as well as furnish such information to the H-2A workers through both pay statements and earnings records. Defendant Marin J. Corp. failed to keep any records of the days or hours worked by its H-2A workers, failed to maintain records of H-2A 3 Case: 1:18-cv-00184-SNLJ Doc. #: 1 Filed: 07/26/18 Page: 4 of 5 PageID #: 4 worker earnings, failed to maintain records of start/stop times for its H-2A workers, and failed to provide its H-2A workers with any payment statements or earnings records. 10. Beginning on or about June 28, 2018, Defendant Marin J. Corp. violated its obligations under 20 C.F.R. § 655.122(l) to pay its H-2A workers the applicable adverse effect wage rate (“AEWR”) of $10.95, or the rate of $13.42 per hour listed in its Temporary Employment Certifications, and has instead, at all material times, only paid its H-2A workers a single paycheck covering only three (3) days of work. 11. On information and belief, some or all of the H-2A workers have not received wages that equal or exceed the amount they are owed under the governing hourly rate because they were not paid the proper wage rate, or they simply have not been paid for all hours worked. PRAYER FOR RELIEF WHEREFORE, cause having been shown under 8 U.S.C. § 1188(g)(2), 20 C.F.R. Part 655, Subpart B, and 29 C.F.R. § 501.16(b) and (c), Plaintiff Secretary prays for a judgment in favor of the Secretary and against Defendant Marin J. Corporation in an Order as follows: a. Permanently enjoining and restraining Defendant Marin J. Corporation, its officers, agents, servants, and employees, and those persons in active concert or participation with it, from prospectively violating the provisions of 8 U.S.C. § 1182(a) and (c)(4), and the implementing regulations at 20 C.F.R. Part 655; b. Recovering the wages due to the H-2A workers who were not paid in accordance with the 20 C.F.R. § Part 655, Subpart B; c. Awarding the Secretary the costs of this action; and d. Providing such other and further relief as this Court deems just and proper. 4 Case: 1:18-cv-00184-SNLJ Doc. #: 1 Filed: 07/26/18 Page: 5 of 5 PageID #: 5 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 5 1544 Page: 1 of 1 PagelD 6 of pleadings or other papers as required by law. except as The IS 44 civil cover sheet and the infonnation contained herein neither replace nor sup provided local rules of court. This form. approved by the Judicial Con ol'the purpose it initiating the civil docket sheet. IJE?ng?a inhgif EFEabor. R. Alexander Acosta. Secretary of Labor County of Residence of First Listed Plaintiff 'li'i?il'fN U.S. (C) Attorneys (ii-inn Ntml't?. {hair-ctr. rind Minibar) [lenient the film and service nitcd States in INSTRUCTIONS UN PAGE Mgi?inFE asst Ion NOTE: Attorneys (UKiioit'ttI County of Residence of First Listed Defendant IN LAND CONDEMNATIO TI IIE TRACT LANI) INVOLVIE . I974. is required for the use ofthe (Jerk ol'Court for the Highlands 00., Florida (IN US. CASES. USE TI Ili LOCATION OF II. BASIS OF RISDICTION (Place on in (hit: Box Drift) II I. CITIZENSHIP OF PRINCIPAL PARTIES (Place on in One Hox?ir' Haring (For Diversitt' (fuses Unit) and (Im- Brir?ii- Defendant) IX I U.S. (iovcmnient C1 3 Federal Question PTF Ill-2F Plaintiff (U.S. (Fm-eminent Not a Poi-{r} Citizen of This Stale CI I Cl Incorporated or Principal Place 4 E1 4 of Business In This State CI 2 US. Government CI 4 Diversity itiacn oI'Ariother Stale C1 2 2 Incorporated and Principal Place Fl 5 5 Defendant (Indicate 'riizi'risilri'p riff'rrm'es in Item of Business In Another State Citizen or Subject of a El 3 3 Foreign Nation 6 E1 6 Foreign Countrv IV. NATUBEOF SUIT (Place an in Box Univ) at I War ?fi't'rs 0 I10 Insurance PERSONAL INJURY PERSONAL INJURY Cl 120 Marine CI 310 Airplane Cl 365 Personal Injury - CI 30 Miller Act Cl 3 5 Airplane Product Product Liability ?1 I40 Negotiable Instrument Liability CI 367 Health Care! El 150 Recovery of Overpayment Cl 320 Assault. Libel 8: Pharmaceutical Enforcement ofJudgment Slander Personal Injury 0 ISI Medicare Act CI 330 Federal IEmponers? Product Liability Cl I52 Recovery of Defaulted Liability Cl 363 Asbestos Personal Student Loans L1 340 Marine Injury Product [Excludes Veterans) 345 Marine Product Liability Cl 153 Recovery ovaerpayment Liability PERSONAL PROPERTY [Tl 370 Other Fraud CI 37I Truth in Lending El 380 Other Personal Cl 350 Motor Vehicle L1 355 Motor Vehicle Product Liability of Veteran's Bene?ts El 160 Stockholders' Suits Cl I90 Other Contract El I95 Contract Product Liability El 360 Other Personal Property Damage 0 I96 Franchise Injury Cl 385 Property Damage Cl 362 Personal Injury - Product Liability Medical Mal ctioe . EAL OPER . VII. RI PRIEONER ETITIES El 210 Land Condemnation El 440 Other Civil Rights Habeas Corpus: 220 Foreclosure Cl 44] Voting Cl 463 Alien Detainee El 230 Rent Lease iijeclment 442 Employment L1 510 Motions to Vacate 625 Drug Related Seizure of Property 21 use 88l El 690 Other CI 7I0 Fair Labor Standards Act El 720 LaboriManagcmenl Relations El 740 Railway Labor Act CI 751 Family and Medical Leave Act EX ??90 Other Labor Litigation 79] Employee Retirement Income Security Act Cl 240 Torts to Land Cl 443 Housing! Sentence CI 245 Tort Product Liability Accommodations 530 General CI 290 All Other Real Property 445 Amer. wIDisabilities - Cl 535 Death Penalty Employment Other: ?1 446 Amer. waisabilities - Cl 540 Mandamus Other Other 550 Civil Rights 555 Prison Condition El 560 Civil Detainee - Conditions of Con?nement 448 Education E1 462 Naturalization Application CI 465 Other Immigration Actions BAN [3 422 Appeal 28 USC I58 CI 423 Withdrawal 23 USC El 820 Copyrights CI 830 Patent Cl 835 Patent - Abbreviated New Drug Application 840 Trademark L1 36: El 862 Black Lung (923) CI 863 Diwcroiwwtiostgi) i3 864 3310 Title a ass (40513)) FEDE WE Cl 8?0 Taxes Plaintiff or Defendant] El 87l Party 26 USC 7609 Click here for: Nature of Suit Code itions. Cl 375 False Claims Act Cl 316 Qui Tam USC 3729(a)) CI 400 State Reapportionment CI 4 ll} Antitnist CI 430 Banks and Banking CI 450 Commerce El 460 Deportation 470 Racketeer In?uenced and Corrupt Organizations CI 480 Consumer Credit Cl 490 CableISat TV Cl 850 Seeuntiestornmodities Exchange El 890 Other Statutory Actions 89] Agricultural Acts CI 893 Environmental Matters 895 Freedom of Information Act El 896 Arbitration 899 Administrative Procedure AcUReview or Appeal of Agency Decnsron L1 950 Constitutionality of State Statutes V. ORIGIN (Pierce an in 0m: 3er (MM RI Original E12 Removed from Proceeding State Court CI 3 Remanded from Appellate Court Cite the U.S. Civil Statute under which 8 USC. Brief description of cause: VI. CAUSE OF ACTION VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION I3 4 Reinstated or Reopened Plaintiff seeks to en'oin Defendants from H-2A spec-ta?) DEMAND 5 Transferred from Another District Transfer you are ?ling {Do not cite jurisdictional statutes norm diversity: ram violations El 6 Multidistriet Litigation - CI 8 Litigation - Direct File CHECK YES only if demanded in complaint. COMPLAINT: UNDER RULE 23- F-R-CV-P- .tunv DEMANDRELATED IF ANY (See JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 97/26/2018 Charles W. Gordon FOR OFFICE USE ONLY AMOUNT APPLYING IFP JUDGE MAG JUDGE Case: 1:18-cv-00184-SNLJ Doc. #: 1-2 Filed: 07/26/18 Page: 1 of 1 PageID #: 7 Reset UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI R. Alexander Acosta, Secretary of Labr, U.S. Department of Labor ) ) ) ) ) ) ) ) ) ) ) , Plaintiff, v. Marin J. Corporation , Defendant, Case No. 1:18-CV-184 ORIGINAL FILING FORM THIS FORM MUST BE COMPLETED AND VERIFIED BY THE FILING PARTY WHEN INITIATING A NEW CASE. THIS SAME CAUSE, OR A SUBSTANTIALLY EQUIVALENT COMPLAINT, WAS PREVIOUSLY FILED IN THIS COURT AS CASE NUMBER AND ASSIGNED TO THE HONORABLE JUDGE . THIS CAUSE IS RELATED, BUT IS NOT SUBSTANTIALLY EQUIVALENT TO ANY PREVIOUSLY FILED COMPLAINT. THE RELATED CASE NUMBER IS THAT CASE WAS ASSIGNED TO THE HONORABLE AND . THIS CASE MAY, THEREFORE, BE OPENED AS AN ORIGINAL PROCEEDING. NEITHER THIS SAME CAUSE, NOR A SUBSTANTIALLY EQUIVALENT COMPLAINT, HAS BEEN PREVIOUSLY FILED IN THIS COURT, AND THEREFORE MAY BE OPENED AS AN ORIGINAL PROCEEDING. The undersigned affirms that the information provided above is true and correct. Date: 07/26/2018 /s/Charles W. Gordon Signature of Filing Party Case: 1:18-cv-00184-SNLJ Doc. #: 1-3 Filed: 07/26/18 Page: 1 of 1 PageID #: 8 AO 398 (Rev. 01/09) Notice of a Lawsuit and Request to Waive Service of a Summons UNITED STATES DISTRICT COURT for the Eastern District __________ DistrictofofMissouri __________ R. Alexander Acosta, Secretary of Labor, U.S. DOL Plaintiff v. Marin J. Corporation Defendant ) ) ) ) ) Civil Action No. 1:18-CV-184 NOTICE OF A LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS To: Jorge Marin (Name of the defendant or - if the defendant is a corporation, partnership, or association - an officer or agent authorized to receive service) Why are you getting this? A lawsuit has been filed against you, or the entity you represent, in this court under the number shown above. A copy of the complaint is attached. This is not a summons, or an official notice from the court. It is a request that, to avoid expenses, you waive formal service of a summons by signing and returning the enclosed waiver. To avoid these expenses, you must return the signed waiver within 30 days (give at least 30 days, or at least 60 days if the defendant is outside any judicial district of the United States) from the date shown below, which is the date this notice was sent. Two copies of the waiver form are enclosed, along with a stamped, self-addressed envelope or other prepaid means for returning one copy. You may keep the other copy. What happens next? If you return the signed waiver, I will file it with the court. The action will then proceed as if you had been served on the date the waiver is filed, but no summons will be served on you and you will have 60 days from the date this notice is sent (see the date below) to answer the complaint (or 90 days if this notice is sent to you outside any judicial district of the United States). If you do not return the signed waiver within the time indicated, I will arrange to have the summons and complaint served on you. And I will ask the court to require you, or the entity you represent, to pay the expenses of making service. Please read the enclosed statement about the duty to avoid unnecessary expenses. I certify that this request is being sent to you on the date below. Date: /s/ Charles W. Gordon 07/26/2018 Signature of the attorney or unrepresented party Charles W. Gordon Printed name 2300 Main Street, Suite 1020 Kansas City, MO 64108 Address gordon.charles.w@dol.gov E-mail address 816-285-7280 Telephone number Print Save As... Reset Case: 1:18-cv-00184-SNLJ Doc. #: 1-4 Filed: 07/26/18 Page: 1 of 1 PageID #: 9 Reset AO 399 (01/09) Waiver of the Service of Summons UNITED STATES DISTRICT COURT for the Eastern District __________ DistrictofofMissouri __________ R. Alexander Acosta, Secretary of Labor, U.S. DOL Plaintiff v. Marin J. Corporation Defendant ) ) ) ) ) Civil Action No. 1:18-CV-184 WAIVER OF THE SERVICE OF SUMMONS To: Charles W. Gordon (Name of the plaintiff’s attorney or unrepresented plaintiff) I have received your request to waive service of a summons in this action along with a copy of the complaint, two copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 60 days from , the date when this request was sent (or 90 days if it was sent outside the 07/26/2018 United States). If I fail to do so, a default judgment will be entered against me or the entity I represent. Date: Signature of the attorney or unrepresented party Printed name of party waiving service of summons Printed name Address E-mail address Telephone number Duty to Avoid Unnecessary Expenses of Serving a Summons Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. “Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has no jurisdiction over this matter or over the defendant or the defendant’s property. If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of a summons or of service. If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.