This is a collective and class action on behalf of shepherds and former shepherds who worked for Defendants in California and Nevada under the H-2A (temporary nonimmigrant worker visas) program. Under the H-2A Regulations, shepherds are entitled to the wages and certain working conditions outlined in the H-2A Regulations, which became part of a contract between Plaintiffs and their employers. Defendants had a contractual obligation to pay Plaintiffs the Nevada minimum wage, and breached their contracts, violating state law when they failed to do so.
In April of 2017 the Court granted Defendant’s motion to dismiss with leave for Plaintiffs to file a Second Amended Complaint (“SAC”) remedying any defects identified by the Court. Plaintiffs filed their SAC, May 15, 2017. Defendant again filed a motion to dismiss which the Court granted in its entirety. Plaintiff is appealing the Court’s decision to the Court of Appeals for the Ninth Circuit.