First-of-Its-Kind Suit Claims Apple Growers Intentionally Hired Illegal
Immigrants to Depress Legal Workers' Pay
YAKIMA, Wash., July 14 /PRNewswire/ -- A group of legal immigrants
residing in Washington state's apple-producing Yakima Valley won a major legal
victory yesterday after a U.S. District Court judge certified a class action
lawsuit against executives of one of the state's largest orchard owners
charging that the executives conspired to depress farmworkers' wages by hiring
large numbers of illegal workers to set low wage standards for orchard and
packing house work.
The class action lawsuit was originally filed in United States District
Court in March of 2000 under the Federal Racketeer and Corrupt Organizations
Act (RICO) and is the first of its kind in the U.S. where legal workers have
sued agricultural employers about intentional wage depression through the use
of illegal labor.
Now certified as a class action, the suit represents an estimated
20,000 packing house and orchard workers of Zirkle Fruit Company, based in
Selah, Washington and those legal workers hired by Selective Employment Agency
to work in Zirkle's packing house operations.
Seattle attorney Steve Berman filed the lawsuit on behalf of three named
plaintiffs.
"We know from our investigation that a large percentage of workers hired
by Zirkle are illegal. These workers know that they are not in any position to
demand a fair wage, and as a result, illegally depress the wages of legal farm
workers," Berman said. "It is an insidious cycle that exploits the illegal
workers and victimizes the legal ones."
According to the lawsuit, Zirkle Fruit Co. conspired with Selective
Employment Agency to hire illegal immigrants who would work at below
prevailing wage standards at Zirkle's packing house. The company used
Selective Employment as a front, buffering it from liability with the
U.S. Immigration and Naturalization Service (INS), the suit claims.
"We believe Zirkle's actions are horridly unfair to the immigrant workers
who have taken the legal channels to work here-making sacrifices at every step
of the way to create a better life for their families," Berman added.
The suit seeks an end to the practice by Zirkle, and compensation for the
class members.
The judge declined to certify similar claims against executives of Matson
Fruit Company, a smaller fruit company named in the original complaint.
The U.S. General Accounting Office estimates more than 600,000 farmworkers
across the country are employed illegally. About 52,000 workers work illegally
in Washington in all types of jobs, according to estimates by the INS.
The court also ordered that class members be notified of the class action
by mail and signs in the workplace, an action Berman believes will happen in
the coming weeks. As an opt-out lawsuit, those who do not wish to be
represented by the class action will receive instructions on removing
themselves from the case.
For more information, visit http://www.hagens-berman.com.
About Hagens Berman
Hagens Berman is a law firm with offices in Seattle, Boston, Los Angeles,
and Phoenix. The firm has developed a nationally recognized practice in class
action litigation. The firm is co-lead counsel in litigation to recover losses
from Enron employees' retirement funds and represented Washington and 12 other
states in lawsuits against the tobacco industry that resulted in the largest
settlement in the history of litigation. The firm also served as counsel in
several other high-profile cases including the Washington Public Power Supply
litigation, which resulted in a settlement of more than $850 million, and the
$92.5 million settlement of The Boeing Company litigation. Other notable
cases include litigation involving the Exxon Valdez oil spill; Louisiana
Pacific Siding; Morrison Knudsen; Piper Jaffrey; Nordstrom; Boston Chicken;
and Noah's Bagels.
CONTACT:
Steve Berman, Hagens Berman
206-443-9357
steve@hagens-berman.com
MEDIA:
Mark Firmani
206-443-9357
mark@firmani.com
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