4 employees accuse agricultural supply company of failing to pay overtime

By Noddy A. Fernandez | Mar 2, 2018

FRESNO — Four employees have filed a class action lawsuit against an agricultural supply company, alleging failure to pay overtime wages.

FRESNO — Four employees have filed a class action lawsuit against an agricultural supply company, alleging failure to pay overtime wages.

Victor Rodriguez, Estreberto Valdez, Miguel Esparza, and Francisco Banda, on behalf of themselves and all others similarly situated, filed a complaint Feb. 16 in the U.S. District Court for the Eastern District of California Fresno Division against M.J. Brothers Inc., Eduardo Martin, Daniel Martin, Fernando Martin, and Ronald Martin, alleging that defendants routinely violated the California Labor Code and Industrial Welfare Commission wage orders.

According to the complaint, the plaintiffs were classified by defendants as agriculture workers and illegally exempted from overtime pay for hours worked more than 40 per week in violation of the Fair Labor Standards Act. 

The plaintiffs allege the defendants failed to compensate all non-exempt employees at a rate of not less than one and one-half times the regular rate of pay for work performed in excess of 40 hours per work as required by the FLSA.

The plaintiffs seek trial by jury, general, special, compensatory and liquidated damages of $50 for each initial violation and up to $4,000 for each subsequent violation, injunctive and declaratory relief, prejudgment interest and all other relief the court deems just and proper. They are represented by attorney Enrique Martinez of Law Offices of John E. Hill in Oakland.

U.S. District Court for the Eastern District of California Fresno Division case number 1:18-cv-00252-LJO-SAB

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