State of Cal. v. Alco Harvest

Filed 11/22/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

STATE OF CALIFORNIA ex 2d Civil No. B327137 rel. EDGAR CISNEROS, (Super. Ct. No., 20CV-0095) (San Luis Obispo County) Plaintiff and Respondent,

v.

ALCO HARVEST, INC., et al.,

Defendants and Appellants. _____________________________

JESUS GUZMAN, (Super. Ct. No. 21CV00299) (Santa Barbara County) Plaintiff and Respondent,

v.

ALCO HARVESTING LLC et al.,

Defendants and Appellants.

LILIA GARCIA-BROWER, as (Super. Ct. No. 21CV02855) Labor Commissioner, etc., et (Santa Barbara County) al.,

Plaintiffs and Respondents,

v.

ALCO HARVESTING LLC et al.,

Defendants and Appellants.

The H-2A Temporary Agricultural Program allows employers to recruit foreign agricultural workers when the domestic labor market cannot meet employers’ needs. The United States Department of Labor (DOL) must certify an employer’s participation in the H-2A program. This process requires the employer, among other things, to submit a “job order” describing “the material terms and conditions” of the jobs for which it seeks foreign workers. Plaintiff and respondent Jesus Guzman is a foreign worker hired by defendant and appellant Alco Harvesting LLC to work at farms owned by defendant and appellant Betteravia Farms.1 He later brought employment claims against appellants. Alco moved to compel arbitration pursuant to an arbitration agreement presented to and signed by Guzman at his orientation. The trial court found the agreement void and denied the motion.

1 We refer to appellants Betteravia Farms LLC, Betteravia