Perez-Farias v. Global Horizons, Inc.
668 F.3d 588
9th Cir.2011Background
- Ninth Circuit certifies questions to Washington Supreme Court under RCW 2.60.020 about FLCA interpretation.
- Workers sued Global Horizons, Green Acre Farms, Valley Fruit Orchards, and Platte River Insurance; district court granted partial summary judgment on FLCA/AWPA and awarded $1,857,000 in statutory damages.
- District court later vacated FLCA statutory damages upon reconsideration and ordered a bench trial on damages.
- At bench, court held damages under FLCA are discretionary, ranging from $0 to $500 per violation, citing due process and fairness concerns.
- Court rejected that damages must be limited to those already shown to be aggrieved; Six Mexican Workers framework guided damage calculation.
- WA Supreme Court has not interpreted the FLCA; Ninth Circuit seeks authoritative guidance before final disposition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FLCA requires $500 per plaintiff per violation or any amount up to that. | Perez-Farias argues discretion to award up to $500 per violation. | Growers contend damages may be limited or tailored; not fixed at $500. | Discretion to award up to $500 per violation (not mandatory $500). |
| If mandatory, does fixed damages violate due process/public policy? | Fixed $500 would be presumptively fair and not violative of policy. | Fixed damages could be unconstitutional due process or unfair. | Not applicable; holding concerns discretionary award within range. |
| Does FLCA award damages to those not shown to be aggrieved? | All class members are potentially entitled to statutory damages. | Damages should align with actual aggrievement per Six Mexican Workers. | FLCA allows damages without meticulous proof of individual injury. |
Key Cases Cited
- Six (6) Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301 (9th Cir. 1990) (guides damages calculation for class actions under FLCA)
- Parents Involved in Community Schools v. Seattle School Dist No. 1, 294 F.3d 1085 (9th Cir. 2002) (court may reformulate certified questions; not restricts WA Supreme Court)