$1,000,000 Class and Representative Action Settlement on Behalf of Agricultural Workers Granted Preliminary Approval by the U.S. District Court for the Central District of California

On April 26, 2024, the U.S. District Court for the Central District of California granted preliminary approval of a $1,000,000 class and representative action settlement in Miguel Gutiérrez v. New Hope Harvesting, LLC, et al. (Case No. 2:19-cv-07077-FMO-AFM).

The settlement is on behalf approximately 900 agricultural employees who performed fieldwork for the Defendants in the production of strawberries in California at any time between February 4, 2016, and April 26, 2024. The majority of the farmworkers who will receive money under this settlement are Mexican nationals who performed farm labor pursuant to the H2-A temporary agricultural workers program.

The lawsuit claims that Defendants fail to properly pay overtime wages, provide adequate rest and meal periods, and reimburse expenses. Additionally, the plaintiff asserted a claim for civil penalties under the California Private Attorneys General Act (PAGA). The case also involved an opt-in claim under the Fair Labor Standards Act (FLSA), with several individuals joining as FLSA Opt-In plaintiffs. Defendants deny Plaintiff’s allegations and deny they did anything wrong.  

The settlement will also provide for significant injunctive relief. Specifically, the settlement provides that Defendants will enter a court-enforceable consent decree that is intended to address the labor violations alleged in this action, including that Defendants train their managers on employees’ labor rights.

 The final approval hearing for the settlement is scheduled for October 10, 2024, at 10:00 a.m. at the Federal District Court located at 411 W. 4th Street, Santa Ana, CA 92701. 

You can learn more about the settlement at www.casonewhope.com