Jose Perez-Farias v. Global Horizons, Inc
Opinion
Opinion
MEMORANDUM
Plaintiffs Jose Guadalupe Perez-Farias, Jose F. Sanchez, and Ricardo Betancourt (Workers) brought this action, as class representatives, against Global Horizons, Inc. (Global); Green Acre Farms, Inc., Valley Fruit Orchards, LLC, (collectively, Growers); and, Platte River Insurance Company. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we AFFIRM in part, REVERSE in part, and REMAND.
On December 5, 2011, after withdrawing our previous memorandum disposition, we certified three questions to the Washington Supreme Court regarding the statutory damages provision under the Washington Farm Labor Contractors Act (FLCA), Chapter 19.30, Wash. Rev. Code. On September 27, 2012, the court answered those questions. The Washington Supreme Court held that, when a trial court awards statutory damages under the FLCA, it “must award statutory damages of $500 per plaintiff per violation.” Perez-Farias v. Global Horizons, Inc., 175 Wash.2d 518 , 286 P.3d 46, 52 (2012).
1. Based on the Washington Supreme Court’s construction of the FLCA’s statutory damages provision, we conclude that the district court erred when it awarded Workers less than the full amount of statutory damages…