Migrant Workers Serve Lawsuit Against Fair Company in California

ferris wheelAugust 21, 2013

Today, Centro de los Derechos del Migrante (Center for Migrant Rights, or CDM) and the Legal Aid Society – Employment Law Center (LAS-ELC) served Butler Amusements, Inc., a California registered business and the largest carnival company in the western U.S., with a lawsuit that was filed in federal court in July 2013 for violations of state and federal minimum wage and overtime laws.

The plaintiffs, two carnival workers from Mexico, came to the U.S. on temporary work visas, known as H-2B visas. They were paid less than $400 a week for 70 – or more – hours of work. Fearing retaliation for seeking justice, the plaintiffs will file a Doe Motion to protect their interests and proceed anonymously.

H-2B workers are particularly vulnerable to retaliation and threats of retaliation because their visas bind them to the employer who sponsored them. Workers in the fair industry commonly face blacklisting, threats, and termination if they complain about working conditions.

Unfortunately, migrant workers in this industry face systematic violations of their labor and human rights. According to “Taken for a Ride: Migrant Workers in the U.S. Fair and Carnival Industry,” a recent report authored by CDM and American University Washington College of Law, H-2B workers in this sector are often woefully underpaid for performing grueling work in all kinds of weather, including assembling, operating, and breaking down carnival rides after traveling long distances between remote sites. H-2B workers in this industry are routinely paid a weekly lump sum, regardless of how many hours they worked, that often falls well below the minimum and overtime wage rates.

Working on both sides of the U.S.-Mexico border, CDM has found that weak regulations and lax enforcement allow and even incentivize employers to exploit workers in the fair and carnival industry.

The lawsuit alleges that Butler Amusements violated California and federal wage and hour laws, and seeks declaratory relief and damages to remedy these violations.

Check back on our website to get updates on the case against Butler Amusements and to learn more about the rights of migrant workers in the U.S.