"Zirkle Settlement Clears First Hurdle"

A $1.3 million settlement reached by lawyers in a case against executives of Zirkle Fruit received preliminary approval Friday from U.S. District Court Judge Fred Van Sickle.

Lawyers now begin the task of locating and notifying Zirkle employees eligible for an undetermined share of the settlement funds.

"It's always impossible to predict what level of participation you will get," Seattle attorney Andrew Volk said in the teleconference court hearing with the judge.

Attorneys for U.S. workers sued Zirkle, alleging the company conspired to hire illegal workers in order to pay them less, resulting in the depression of wages for legal workers.

Eligible workers would be those who have legal work documents or are U.S. citizens and were employed during the class period beginning Nov. 5, 1999, through Sept. 8, 2004.

Volk told the judge he was not certain how much money eligible workers might receive. But he said it would be based on hours worked during the class period and likely would be less than $2 an hour.

The plaintiffs named in the lawsuit's title will each receive a $10,000 "incentive award" for "devoting their time and knowledge" to the case, according to the settlement. They no longer work at Zirkle Fruit, according to Volk.

Diehl Rettig, the Kennewick attorney representing Zirkle executives, also called the settlement fair.

Still to be filed publicly is the plaintiff attorneys' request for fees and expenses.

The complex case, which began more than five years ago, appeared headed for a jury trial earlier this month. But U.S. Magistrate Michael Leavitt brought the two sides together on the eve of trial in daylong settlement negotiations.

"This clearly was highly contested and hard-fought litigation," Van Sickle said.

A "fairness hearing," allowing all parties to comment on the settlement prior to final approval, will be held in federal court in Yakima on May 11 at 1:30 p.m.

Tammy8:

Several items to ponder----
1. Washington state has a minimum wage law. Regardless of what kind of job is done and regardless of whether the worker is legal or not legal, the minimum wage must be paid.
2. An employer cannot question any individual as to whether they are legal of not legal. All they have to do is provide two pieces of identity--one with a picture. One cannot question the validity of these proofs of identity. Consequently, there is a thriving false documents industry, not only in Washington state, but across the nation. Incidentally, when authorities are presented with false documents, they are so good that even they cannot tell them from good documents.
3. Most field workers are paid by the piece, i.e., so much a bin for picking the crop. If a grower pays too little the workers go elsewhere. It is the law of 'supply and demand'. Most workers of even moderate experience make earnings per hour that far exceed the 'minimum wage'. If an employer pays less than the minimum wage the employee, legal or not, can , and they do, lodge a complaint with Washington State's Dept. of Labor and Industries. The result ain't pretty. Labor and Industries are mean people.
4. Finally, this whole episode was a scam designed to make another avenue available for less than scrupulous lawyers to make money. The claim was that there were 20,000 legal workers hurt by Rainier. No way. Legal workers really don't exist. They are on welfare. They don't work. The lawyers, in this instance, are nothing more than predetory scavangers.
Thank you.

I don't know anything about this particular case, or Washington state's labor laws.

I do know most if not all states have a minimum wage law, but beyond that most jobs wages depend on supply and demand of product and workers. I know that an abundance of illegals willing to do the job for less money is unfair competition to US workers. Even if the illegals are paid the same wage and benefit, if it is done under the table; payroll taxes are avoided giving the illegal an unfair advantage over the legal citizen in competition to be hired.

I have known many people personally who were displaced from jobs in agriculture, construction, and service jobs by illegals. The people I know are not lazy people on welfare, but maybe those you speak of are- I have no way of knowing.

I understand that false documents are out there, in fact some are provided by some business owners so they can hire illegals. Let's be honest here, with or without documents with or without questioning employees; business owners know who is illegal and who is not the majority of the time and the fact is many business owners seek illegals and do not want to hire US citizens.

Ideally the Gov't would solve this problem, but since they seem to be unwilling- then my opinion is that these lawsuits may be a way to even the playing field.

The minimum wage laws guarantee that a worker will receive that wage for their labor. And, minimum wage means just that. But, there is no law against an employer paying more or a worker making more. Furthermore, much of the field work is based on piece work. That means, the more a worker does, the more he/she makes. It is not unusual for a piece worker to make $12 to $15 per hour.

I know of no employer, who values his/her business, paying under the table. The federal and state wage laws prohibit that. And, if an employer is caught doing that, the penalties are so great they would lose their business, company or whatever. One thing one doesn't do is avoid payroll taxes. Payroll taxes are not bankruptable. They are owed in perpetuity. I have known many people personally who were displaced from jobs in agriculture, construction, and service jobs by illegals. The people I know are not lazy people on welfare, but maybe those you speak of are- I have no way of knowing. Tammy, I don't know of anybody displaced by illegals and I am in the business. They went to better opportunities. I do know of many who are offspring of migrant laborers who as children worked in the fields, but went on to get education and became teachers, lawyers and so on. This is the land of opportunity. I understand that false documents are out there, in fact some are provided by some business owners so they can hire illegals. Let's be honest here, with or without documents with or without questioning employees; business owners know who is illegal and who is not the majority of the time and the fact is many business owners seek illegals and do not want to hire US citizens. Tammy, once again a business owner would have be exceedingly stupid to provide an illegal with illegal documents just to save a few bucks in labor. The consequences are too great, as I have previously stated. That is a false argument. If an employer wanted to hire illegals, why would he provide false documents and allow the illegal the ability to roam freely. That employers provide false documents is a false argument. Ideally the Gov't would solve this problem, but since they seem to be unwilling- then my opinion is that these lawsuits may be a way to even the playing field. Tammy, it is not just ideally that the Govt. should solve the problem, it is encumbant upon it to do so. Lawsuits do not even any playing field. The courts are nothing more than employment agencies for lawyers who should be employed elsewhere. Flipping burger at Micky D's. Or, I would hire them if they could make the grade.

I don't know how it works in your part of the country, but I know how it's done along the border to hire illegals and pay them in cash, avoiding payroll taxes. The farmer who needs a crop harvested will make a contract with someone to provide the labor. Since that person is a contractor, not an employee, they are responsible for their own taxes, nothing withheld, paid a lump sum to provide laborers. Then the labor contractor hires illegals to do the work, paying them in cash every day or once a week or what ever. The farmer is not at risk this way, he is not hiring illegals, the contractor is, and seldom does a contractor get caught. They are transients themselves and if they do get caught, they have no assests to go after- and another person will step up to contract the next harvest. This way the farmer is in the clear. It also happens in construction, and other businesses. The contractor for being the one in the line of fire makes a pretty penney and few get caught.

I am not saying everyone is doing this, but a fair number are, and most are getting away with it. Some do follow the laws and check papers and everything is on the up and up, some contractors are on the up and up too and do it the legal way. The sad thing is the ones doing it all by the book are competing with those who don't. If you are in agriculture in this country, and you are doing things legally and on the up and up, you should be as angry as anyone at the situation because you are in direct competition with others who are not following the rules.

Tammy,

I am sure that there are labor contractors, but ,here, in Washington they have to be licensed. If a grower knowingly utilizes a contractor that is not licensed and that contractor somehow defaults, that grower is not in the clear. The state can sue him for all the back taxes as well as levy stiff fines. So that is why most packers/growers personally hire their own laborers.

If you really want to stop all of this, then grab your Senator, your Representative, your state legislators by the ears. Bring their faces up close to yours so they will smell your fetid breath and explain to them that you don't like this situation and that you want them to do something about it. That is what we growers are doing, but agriculture is less than 2% of this country's population. We don't carry that much weight, anymore.

We don't like this situation. We like employees who speak English. We don't like paying for bi-lingual classes in schools that cost 1.5 times the cost of a normal class. We don't like the W-2's we issue at the new year coming back because those individuals aren't there anymore.

The dirty secret is that Congress won't address the problem. And, the solution is relatively simple. If you like I can give it to you, but to explain it takes some time and more words. Thanks.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.