A putative class action has been filed against individual plant managers and human resources personnel responsible for hiring employees at 16 Perdue Farms, Inc. facilities in Alabama, Georgia and Tennessee, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) in the hiring of illegal immigrants. Walters v. McMahen, No. 10-257 (M.D. Ala., filed March 22, 2010). The named plaintiffs seek to represent a class of legally employed workers whose wages were allegedly depressed because of the illegal scheme to hire at “extremely low wages” hundreds of employees who were in this country illegally. The plaintiffs also seek treble damages, preliminary and permanent injunctions, attorney’s fees, and costs. Among other matters, the plaintiffs allege that the illegal hiring scheme consisted of (i) “hiring workers who have previously been employed at Perdue under different identities”; (ii) hiring workers known to be using false identity documents; (iii) “hiring workers who cannot speak…
Tag Archives Alabama
The Eleventh Circuit Court of Appeals has determined that Ruth’s Chris Steakhouse employees in Alabama adequately alleged that their employers “encouraged or induced an alien to reside in the United States, and either knew or recklessly disregarded the fact that alien’s residence here was illegal,” thus stating the predicate act needed to bring a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO). Edwards v. Prime, Inc., No. 09-11699 (11th Cir., decided April 9, 2010). So ruling, the court reinstated the plaintiffs’ RICO claim against the parent company; its Birmingham, Alabama, franchisee; and the franchise owner and operator. The court did not reverse trial court rulings dismissing wage-related claims and claims of discrimination or retaliation. The plaintiffs alleged that the defendants knowingly hired and employed illegal aliens, allowing them to work under the names of former Ruth’s Chris employees who were U.S. citizens and providing them with the former…
The Eleventh Circuit Court of Appeals has turned aside a constitutional challenge to the statutory damages provisions of the Fair and Accurate Credit Transactions Act in litigation against a food establishment that allegedly printed more than the last five digits of a customer’s credit card number on an electronically generated receipt. Harris v. Mexican Specialty Foods, Inc., Nos. 08-13510 & -13616 (11th Cir., decided April 9, 2009). The district court had granted the merchants’ motions for summary judgment and dismissed the claims with prejudice, after finding the statutory damages provision unconstitutionally vague and excessive. According to the appeals court, which addressed only the facial challenge to the law, by providing for a range of damages (from $100 to $1,000), the law does not deprive potential defendants of notice of the consequences of violations or result in arbitrarily assessed damages awards. The court remanded the litigation for further proceedings.
Video footage of former Aviagen Turkeys, Inc. employees allegedly abusing birds has reportedly led to criminal indictments for animal abuse. The People for the Ethical Treatment of Animals (PETA) apparently caught three turkey farm employees in the act, and 19 counts, including 11 felony charges, for cruelty to birds have been brought against them. Alabama-based Aviagen Turkeys reportedly fired all three workers for violating company policy. They could face significant jail time and fines if convicted. See meatingplace.com, February 9, 2009.
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