Escolastico De Leon-Granados v. Eller and Sons, Inc.

Popular Name: 
Eller case
Date Filed: 
06/06/2005
Status: 
Ongoing
Plaintiffs: 
Escolastico De Leon-Granados, Isaias Profeta De Leon-Granados, Armenio Pablo-Calmo and all others similarly situated
Defendants: 
Eller and Sons Trees, Inc. and Jerry Eller
Case Related Items 

A group of migrant guestworkers, who were lured from Mexico and Guatemala to plant pine trees for one of the nation’s largest forestry contractors, alleged that Eller and Sons Trees, Inc. did not pay them the wages they had earned. The Southern Poverty Law Center sued the Franklin, Ga., company on behalf of the workers.

The class action lawsuit alleges violations of minimum wage and overtime protections, as well as other violations of the Migrant and Seasonal Agricultural Worker Protection Act. The lawsuit’s class action status allows the SPLC to litigate on behalf of thousands of migrant workers legally admitted to the United States under the H-2B guestworker visa program.

The case has resulted in precedent-setting decisions, including the court’s finding that the president of the company can be held personally liable – a finding that can prevent companies from simply declaring bankruptcy to avoid a judgment. The court also found that the company must pay $53,000 to reimburse the workers for costs they incurred to obtain visas and travel to the United States to work for Eller, a small step toward the multimillion-dollar judgment the SPLC is seeking on behalf of the workers.

 

Date(s) of Disposition: 
none