Saenz Mencia v. Allred

McKAY, Circuit Judge.

Mr. Saenz, a citizen of Peru, came to Utah to work for the Allreds’ sheep ranch. His work was authorized by an H-2A sheepherding visa, and he was paid the minimum wage for H-2A sheepherders: $750 per month plus food and lodging.

He now claims this pay was inadequate. He argues the work he performed did not qualify as sheepherding and the monthly wage for sheepherders did not apply. Instead, he argues, he was entitled to the hourly wage for H-2A ranch hands, which he now seeks to recover in contract and quantum meruit. Additionally, he argues the work he performed did not…