The class has been certified in a lawsuit filed against Zirkle Fruit Company and Selective Employment Agency, Inc., on behalf of legal immigrants who work as packing house and orchard laborers in Washington state. The action alleges that the companies violated the federal Racketeering and Corrupt Organizations Act by conspiring to hire illegal immigrants who would work at below-prevailing wage standards, in order to force wages down. The action seeks unspecified compensatory and punitive damages.
As many as 20,000 packing house and orchard workers at Selah, Washington-based Zirkle Fruit may be eligible to take part in the lawsuit. The action against Zirkle claims the company used an employment agency, Selective Employment Agency, Inc., to hire illegal immigrants who would willingly work at below-prevailing wage standards at the Zirkle packing house. The court ordered that possible plaintiffs be notified of the lawsuit by mail and signs in the workplace.
The lawsuit is apparently the first of its kind in the U.S. where legal workers have sued agricultural employers about intentional wage depression through the use of illegal labor. The judge declined to certify similar claims against executives of Matson Fruit Company, a smaller fruit company named in the original complaint.
The U.S. General Accounting Office estimates more than 600,000 farmworkers across the country are employed illegally. About 52,000 workers work illegally in Washington in all types of jobs, according to estimates by the INS. Persons eligible to take part in the action may contact the attorneys for the class for more information.