Bloomberg Law
Oct. 30, 2019, 7:27 PMUpdated: Oct. 30, 2019, 8:12 PM

Farm Worker on Temporary Visa Need Not Arbitrate Wage Claims (1)

Laura D. Francis
Laura D. Francis

A Mexican farm worker on a temporary work visa can’t be made to arbitrate his wage and hour claims because the arbitration agreement he signed was done so under duress, a federal judge in California ruled.

Dario Martinez-Gonzalez alleges that he was underpaid, not provided adequate meal or rest breaks, and given food that was unsafe to eat while working for farm labor contractor Elkhorn Packing Co. and grower D’Arrigo Bros. Co. during the 2016 and 2017 lettuce seasons. Elkhorn argued that he needed to arbitrate those claims, based on an arbitration agreement he signed in both years.

But the ...

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