Thomas Perez v. D. Howes, LLC

OPINION

ROGERS, Circuit Judge.

Defendant Howes, the owner of the pickling cucumber farm Darryl Howes Farms, appeals the district court’s grant of Secretary of Labor Perez’s motion for summary judgment. The district court declared that Howes had violated provisions in the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), and enjoined Howes from further violating the FLSA and MSPA. The district court determined — contrary to Howes’ contentions on this appeal — that: (1) Howes’ cucumber harvesters were employees, and not independent…