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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 and/or the Border
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 the Fair Labor Standards Act (29 U.S ... 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 the Fair Labor Standards Act (29 U.S.C. §§ 201-219) and the Migrant and Seasonal Agricultural Workers Protection Act (29 U.S.C. §§ 1801-1871). The plaintiffs alleged that Alpha 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. The class consisted of "[a]ll non-supervisory workers admitted as H-2B temporary foreign workers pursuant to 8 U.S.C. § 1101(a)(15)(H)(ii)(b), who were employed by the Defendants between December 27, 2002 through present." 2005 WL 3557178. 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 named plaintiffs $6,000 each, opt-in plaintiffs between $500 and $3,000 each, and class members $200 each. 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.

Some disputes broke out during the implementation period about whether certain class members had opted in or not, which affected how much money they would receive under the settlement. The disputes were resolved by early 2008, and the court dismissed the case with prejudice on May 19, 2008. It is now closed.

Gregory Pitt - 07/18/2012


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Issues and Causes of Action
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Issues
Content of Injunction
Retaliation Prohibition
General
Staff (number, training, qualifications, wages)
Immigration/Border
Employer sanctions
Employment
Temporary foreign workers program
Plaintiff Type
Private Plaintiff
Causes of Action Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
Migrant and Seasonal Agricultural Workers Protection Act, 29 U.S.C. §§ 1801-1871
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 time of suit.
Indexed Lawyer Organizations Southern Poverty Law Center
Class action status sought Yes
Class action status outcome Granted
Filed Pro Se No
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
Filed 07/18/2005
Case Closing Year 2008
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Federico Salinas-Rodriguez v. Alpha Services, Inc.
Southern Poverty Law Center
Date: September 6, 2006
By: Southern Poverty Law Center
[ Detail ] [ External Link ]

Court Docket(s)
S.D. Miss.
05/19/2008
3:05-cv-00440-WHB-LRA
IM-MS-0002-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D. Miss.
12/22/2005
First Amended Complaint [ECF# 70-2]
IM-MS-0002-0001.pdf | Detail
S.D. Miss.
12/27/2005
Opinion & Order [ECF# 71] (2005 WL 3557178 / 2005 U.S.Dist.LEXIS 39673)
IM-MS-0002-0003.pdf | WESTLAW| LEXIS | Detail
S.D. Miss.
09/01/2006
Settlement Agreement [ECF# 105-2]
IM-MS-0002-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Miss.
09/06/2006
Consent Order [ECF# 106]
IM-MS-0002-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Anderson, Linda Randle (S.D. Miss.) show/hide docs
IM-MS-0002-9000
Barbour, William Henry Jr. (S.D. Miss.) show/hide docs
IM-MS-0002-0002 | IM-MS-0002-0003 | IM-MS-0002-9000
Plaintiff's Lawyers Bauer, Mary C. (Virginia) show/hide docs
IM-MS-0002-0001 | IM-MS-0002-0003 | IM-MS-0002-9000
Bruner, Kelley McNair (Alabama) show/hide docs
IM-MS-0002-0001 | IM-MS-0002-0003 | IM-MS-0002-0004 | IM-MS-0002-9000
Conrad, Richard T. (Mississippi) show/hide docs
IM-MS-0002-0001 | IM-MS-0002-0003 | IM-MS-0002-9000
Turner, Andrew Hess (Alabama) show/hide docs
IM-MS-0002-0001 | IM-MS-0002-0003 | IM-MS-0002-9000
Defendant's Lawyers Crutcher, R. Pepper Jr. (Mississippi) show/hide docs
IM-MS-0002-0003 | IM-MS-0002-9000
Dorminey, Elizabeth K. (Georgia) show/hide docs
IM-MS-0002-0003 | IM-MS-0002-9000
Oliver, Paul (Georgia) show/hide docs
IM-MS-0002-0003 | IM-MS-0002-9000
Stine, James Larry (Georgia) show/hide docs
IM-MS-0002-0003 | IM-MS-0002-9000

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