Crispin Calderon, on Behalf of Themselves and All Others Similarly Situated v. Jim Witvoet, Sr., Doing Business as J & B Vegetables

On remand following our prior opinion, 999 F.2d 1101 (1993), the district court held a jury trial. Plaintiffs prevailed on some claims under the Fair Labor Standards Act and state wage-payment laws, while defendants prevailed on claims under the Migrant and Seasonal Agricultural Worker Protection Act. Still other claims had been finally resolved in our opinion. As the prevailing parties under the FLSA, plaintiffs sought an award of attorneys’ fees, which 29 U.S.C. § 216(b) authorizes.

The district court slashed plaintiffs’ request by 50 percent and awarded approximately $61,000. Defendants say…