Galvan V. Larchmont Farms, Inc.
Civil No. 06-2704
United States District Court for the District Of New Jersey (2009)
The facts this case have been quoted and summarized from the opinion by Robert B. Kugler United States District Judge.
• Two seasonal farmworkers by the last name Galvan, plaintiffs, alleged that Larchmont Farms and its owner, defendant, violated: New Jersey common law, the Migrant and Seasonal Migrant Agricultural Worker Protection Act (AWPA), the Fair Labor Standards Act (FLSA), and the New Jersey Law Against Discrimination (LAD).
• Both sides filed for summary judgment on all issue to be described below. Larchmont Farms was denied judgment in all cases, while the Galvan’s motion was granted in part and denied in part.
• Facts:
o …show more content…
citizens to work during the 2004 season at Larchmont Farms in New Jersey. o The Galvan’s four count complaint against Haines and Larchmont Farms contains:
1. An assertion of intentional tort because of intentional exposure to pesticides.
2. An claim under the AWPA that there was:
 A failure of the provision of written disclosures necessary for pre-employment decisions
• There was an issue as to whether the Galvans were recruited by Larchmont Farms. Neither Haines nor his recruiting managers personally acted to contact the Galvans. What happened was there was a regular farm worker employee who spoke with his neighbors. He then brought a list of people that were willing to work to Haines. This employee can thus be considered an agent for Larchmont considering the fact that Larchmont paid for and sent plane tickets to those on the list. Therefore the "recruits" have a legal right to receive written details of employment prior to actual employment.
• Summary judgment granted for plaintiffs.
 A delivery of false and misleading information
 A failure to pay wages when due
 A violation of the terms of the working arrangement and
 A failure to provide proper