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.
Defendant again filed a motion to dismiss which the Court granted in its entirety. Plaintiffis appealed the Court’s decision to the Court of Appeals for the Ninth Circuit and oral argument was heard on May 13, 2019. On June 20, 2019 the Ninth Circuit reversed the dismissal, concluding that the lower court had jurisdiction under CAFA. The case will now go back to the Nevada District Court for further litigation. You can view the argument here.