Global Horizons, Inc. v. U.S. Department of Labor
Cite as No. 07-55116

Ninth Circuit Affirms Decision On Temporary Status Of Alien Workers

Los Angeles-based Global Horizons Inc brought 170 Thai workers to Washington's Yakima Valley to harvest apples in 2004. In July 2004, Columbia Legal Services, a labor contractor, sued Global Horizons, alleging that Global refused to hire local workers who responded to its ads or fired them during the season. In June 2005, the state Department of Labor and Industries fined Global $10,250 and ordered Global to pay $216,650 in back wages--mostly to 136 Thai workers.

When the case was brought to an administrative law judge, it granted the petition of state Department of Labor and Industries to give the Thai workers temporary alien agricultural status pursuant to government’s H-2A worker program. The district court also denied the Global Horizon’s request for preliminary injunctive relief, which came late after the status, had already been granted.

Global Horizons elevated their case to the Ninth Circuit Court of Appeals to appeal the decision of the lower court and to question the fines imposed on them by the state Department of Labor and Industries, which included the payment of back wages to its 136 Thai workers.

The Ninth Circuit Court of Appeals upheld the decision of the district court to provide temporary alien agricultural workers to US farmers. It also found as legal the denial of the plaintiff’s request for preliminary injunctive relief, citing that there was no abuse of discretion in denying such relief and affirmed the lower court’s decision.