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Case Name Salinas-Rodriguez v. Alpha Services, Inc. IM-MS-0002
Docket / Court 3:05-cv-00440-WHB-LRA ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Immigration
Attorney Organization Southern Poverty Law Center
Case Summary
On July 18, 2005, a group of migrant forestry workers admitted to the U.S. under the H-2B foreign worker program filed suit against their employer Alpha Services, L.L.C., in the U.S. District Court for the Southern District of Mississippi, alleging violations of Fair Labor Standards Act and the ... read more >
On July 18, 2005, a group of migrant forestry workers admitted to the U.S. under the H-2B foreign worker program filed suit against their employer Alpha Services, L.L.C., in the U.S. District Court for the Southern District of Mississippi, alleging violations of Fair Labor Standards Act and the the Migrant and Seasonal Agricultural Workers Protection Act ("AWPA"). The plaintiffs alleged that Superior and its officers failed to pay the plaintiffs the statutory minimum wage and overtime wages and failed to maintain complete information on the terms and conditions of the plaintiffs' work as migrant workers as required by law. Attorneys with the Southern Poverty Law Center, Immigrant Justice Project, and private firms represented the plaintiffs.

On December 27, 2005, the District Court (Judge William H. Barbour Jr.) conditionally certified the plaintiffs' FLSA claim as a collective action. Salinas-Rodriguez v. Alpha Services, L.L.C., 2005 WL 3557178, 2005 U.S. Dist. LEXIS 39673 (S.D.Miss. 2005). Shortly thereafter, the parties engaged in settlement negotiations, which resulted in a resolution of the case.

As part of the settlement, Alpha agreed to pay the plaintiffs and class members large sums of money, which were to remain undisclosed under the terms of the settlement. In addition, Alpha agreed to the following:

1. entry of a Consent Decree ensuring compliance with the federal migrant worker laws;

2. periodic audits by workers and supervisors to monitor Alpha's compliance, along with granting plaintiffs' attorneys access to audits and other company records;

3. not require workers to surrender their passports or other identification documents to the company or its agents;

4. not require deeds, deposits or collateral of any kind as a condition of employment; and,

5. not retaliate against the plaintiffs in any way.

The Court approved the settlement and entered a Consent Order on September 6, 2006. The Court agreed to retain jurisdiction until December 31, 2007, in order to oversee enforcement of the settlement.

This case is closed as of May 19, 2008.

Gregory Pitt - 07/18/2012


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Issues and Causes of Action
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Issues
Immigration
Employer sanctions
Employment
Temporary foreign workers program
Plaintiff Type
Private Plaintiff
Causes of Action Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871
Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
Defendant(s) Alpha Services, Inc.
Plaintiff Description All those individuals admitted as H-2B temporary foreign workers pursuant to 8 U.S.C. § 1101(a)(15)(H)(ii)(b), who were employed by Alpha Services, Inc. in any capacity from April 14, 2002 through the present.
Indexed Lawyer Organizations Southern Poverty Law Center
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - 2007
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
3:05-cv-00440-WHB-LRA (S.D. Miss.) 05/19/2008
IM-MS-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint 12/22/2005
IM-MS-0002-0001.pdf | Detail
Opinion & Order 12/27/2005 (2005 WL 3557178 / 2005 U.S.Dist.LEXIS 39673) (S.D. Miss.)
IM-MS-0002-0003.pdf | WESTLAW| LEXIS | Detail
Consent Order 09/06/2006 (S.D. Miss.)
IM-MS-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Anderson, Linda Randle (S.D. Miss.) [Magistrate]
IM-MS-0002-9000
Barbour, William Henry Jr. (S.D. Miss.)
IM-MS-0002-0002 | IM-MS-0002-0003 | IM-MS-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bauer, Mary C. (Virginia)
IM-MS-0002-0001 | IM-MS-0002-0003 | IM-MS-0002-9000
Bruner, Kelley McNair (Alabama)
IM-MS-0002-0001 | IM-MS-0002-0003 | IM-MS-0002-9000
Conrad, Richard T. (Mississippi)
IM-MS-0002-0001 | IM-MS-0002-0003 | IM-MS-0002-9000
Turner, Andrew Hess (Alabama)
IM-MS-0002-0001 | IM-MS-0002-0003 | IM-MS-0002-9000
Defendant's Lawyers Crutcher, R. Pepper Jr. (Mississippi)
IM-MS-0002-0003 | IM-MS-0002-9000
Dorminey, Elizabeth K. (Georgia)
IM-MS-0002-0003 | IM-MS-0002-9000
Oliver, Paul (Georgia)
IM-MS-0002-0003 | IM-MS-0002-9000
Stine, James Larry (Georgia)
IM-MS-0002-0003 | IM-MS-0002-9000
Other Lawyers None on record

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