Summary
In Castellanos-Contreras, the Fifth Circuit addressed the issue of whether visa, travel, and recruitment expenses incurred by Latin American workers who came to work in the United States on H-2B visas, were required to be paid by the employer.
Summary of this case from Saucedo v. Five Star ContractorsOpinion
No. 07-30942.
March 18, 2010.
Jennifer Jean Rosenbaum (argued), New Orleans Workers' Ctr. for Racial Justice Legal Dept., Tracie L. Washington, Louisiana Justice Institute, New Orleans, LA, Mary Bauer, Southern Poverty Law Ctr., Immigrant Justice Project, Atlanta, GA, for Plaintiffs-Appellees.
Leslie Weill Ehret, Ellen Shirer Kovach (argued), Suzanne Marie Risey, Frilot, L.L.C., New Orleans, LA, for Defendants-Appellants.
Ann Margaret Pointer (argued), John Eugene Thompson, Fisher Phillips, L.L.P., Atlanta, GA, Keith M. Pyburn, Jr., Timothy Hugh Scott, Fisher Phillips, L.L.P., New Orleans, LA, for Amici Curiae, Amelia Island Plantation, American Hotel Lodging Ass'n, Basin Harbor Club, Beaver Run Resort Conference Ctr., The Broadmoor, Best Western Grand Canyon Squire Inn, Cheyenne Mountain Resort, Florida Fruit Vegetable Ass'n, Georgia Fruit Vegetable Ass'n, Homestead Resort, Hyatt Hotels Resorts, Kiawah Island Golf Resort, Mandoki Hospitality Group, Maryland Nursery Landscape Ass'n, Mid-Atlantic Solutions, Inc., National Council of Agricultural Employers, Ocean Reef Club, The Sagamore, Stein Erickson Lodge and Virginia Agricultural Employers Ass'n,
Catherine K. Ruckelshaus, National Employment Law Project, New York City, for Amici Curiae, Interfaith Worker Justice, New Orleans Workers' Ctr. For Racial Justice and National Employment Law Project.
Diane A. Heim, U.S. Dept. of Labor, Office of Sol., Washington, DC, for Amicus Curiae, Secretary of Labor.
Appeal from the United States District Court for the Eastern District of Louisiana; Eldon E. Fallon, Judge.
ON PETITIONS FOR REHEARING AND REHEARING EN BANC
(Opinion 559 F.3d 332 (5th Cir. 2009)).
(Opinion on Panel Rehearing, 576 F.3d 274 (5th. Cir. 2009))
BY THE COURT:
A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,
It is ordered that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.