[Download] "Bueno V. Mattner" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Bueno V. Mattner
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 30, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Defendants-appellants Richard and Darlene Mattner, d/b/a Mattner Farms ("defendants") appeal the decision of the District Court finding defendants in violation of both the Migrant and Seasonal Agricultural Worker Protection Act ("the Act" of "the MSAWPA") and the Fair Labor Standards Act ("the FLSA"). The District Court for the Western District of Michigan found that defendants' failure to provide written disclosures constituted an intentional violation of the MSAWPA, 29 U.S.C. §§ 1821(a)(1)-(5), 1821(c), and 1821(d)-(2), and that defendants had failed to pay minimum wages to members of the group of plaintiffs-appellees ("plaintiffs"). Defendants claim on appeal that: 1) a mere recommendation by a former employee does not constitute recruitment for purposes of the "family business" exemption under 29 U.S.C. § 1803(a)(1); 2) they were unaware of the existence of the Act and their lack of knowledge precludes an intentional violation of the Act; and 3) they had not failed to pay minimum wages during the 1983 strawberry harvest. For the reasons stated below, we affirm the Districts Court's decision that defendants do not qualify for the "family business" exemption, that they are liable under the MSAWPA despite their lack of knowledge, and that they did violate the FLSA.