8/5/2015 3:13:46 PM

15CV20650

1
2
3
4
5

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

7
8
9

EVELIO RAMIREZ MORAN,

MARIO DELGADO,
APOLINARIO MERIDA HERRERA,
Plaintiffs,

10
11
12
13

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

vs
PUMPKIN PATCH, INC. DBA
THE PUMPKIN PATCH

14

Defendant.

15
16

Case No.

COMPLAINT (Migrant and Seasonal

Agricultural Worker Protection Act; ORS
654.062)
CLAIM OF $16,500 SUBJECT TO
MANDATORY ARBITRATION
Fee Authority: ORS 21.135(1)

17
18

Plaintiffs, by their attorneys, allege:

19
20

FIRST CLAIM FOR RELIEF

Migrant and Seasonal Agricultural Worker Protection Act 29 U.S.C. 1832(c)

21

1.

22
23

Defendant employed Evelio Ramirez, Mario Delgado, and Apolinario Merida Herrera as

24

seasonal agricultural workers as defined in 29 U.S.C. 1802(10) performing hand-labor

25

operations in the field.

26

Page 1 - COMPLAINT
OREGON LAW CENTER
230 NE Second Avenue Suite D
Hillsboro, OR 97124
Tel: (503) 726-4381

1
2

2.
Defendant failed to provide adequate water and soap for hand washing in the bathrooms in 2014.

3.

4
On or about August 18, 2014, plaintiffs attempted to take a water break.

5
4.

6
7

On or about August 18, 2014, defendants supervisor, Francisco (Last Name Unknown),

discouraged plaintiffs from drinking water and told plaintiffs to return to work.

9
10

5.
The next morning, defendant fired plaintiffs for taking a water break.

11

6.

12
13
14

The provision of water for drinking and sanitation was a mandatory term of the working
arrangement as mandated by ORS 654.174, OAR 437-004-1110(5) and 29 C.F.R. 1928.110(c).
7.

15
16

Defendants failure to provide adequate water for drinking and sanitation violated the terms of

17

the working arrangement.

18
19

8.
The violation of the AWPA and its attendant regulations were the natural consequences of the

20
21
22

deliberate and conscious actions of the defendant, and were therefore intentional within the
meaning of the AWPA, 29 U.S.C. '1854(c)(1).
9.

23
24

Pursuant to 29 U.S.C. '1854(c)(2), plaintiffs attempted in good faith to resolve the issues in

25

dispute before resorting to litigation.

26

Page 2 - COMPLAINT
OREGON LAW CENTER
230 NE Second Avenue Suite D
Hillsboro, OR 97124
Tel: (503) 726-4381

1
2
3
4

SECOND CLAIM FOR RELIEF

Oregon Safe Employment Act (ORS 654.062)

6
7

10.
Paragraphs 3, 4 and 5 are incorporated as if fully stated herein.

8
11.

9
10
11

Defendant employed plaintiffs to pick squash, cucumber, zucchini and other agricultural
products in 2014.

12
13

12.
On or about August 18, 2014, temperatures reached 91 degrees.

14
15

13.
Plaintiffs were exercising their right to a healthy and safe workplace by drinking water as

16
17

established by ORS 654.010, ORS 654.174 and OAR 437-004-1110(5).

14.

18
19

Plaintiffs claim attorney fees pursuant to ORS 654.062(6)(d)

20
21
22

WHEREFORE, Plaintiffs respectfully request that the court grant them the following
relief:

23
1.

On their First Claim for Relief, a judgment in favor of each Plaintiff and against

24
25
26

Defendant up to $500 each pursuant to 29 USCS 1854(c)(1) ;

Page 3 - COMPLAINT
OREGON LAW CENTER
230 NE Second Avenue Suite D
Hillsboro, OR 97124
Tel: (503) 726-4381

2.

$5,000 each pursuant to ORS 654.062(6)(d);

On their Second Claim for Relief, a judgment of compensatory damages in the amount of

3.

Their costs, disbursements, and reasonable attorney fees pursuant to ORS 654.062(6)(d);

4.

Prejudgment and post-judgment interest as allowed by law;

5.

Such other and further relief as the court deems just and proper.

4
5
6
7

5th
DATED this _________
day of August, 2015

8
9

OREGON LAW CENTER

10
11

s/

_____________________________________

12
Danny Thiemann, OSB 141229
230 NE Second Avenue Suite D
Hillsboro, OR 97124
Tel: (503) 726-4381 Fax: (503) 726-4382
dthiemann@oregonlawcenter.org
Attorney for Plaintiffs
Trial Attorney: Danny Thiemann, OSB 141229

13
14
15
16
17
18
19
20
21
22
23
24
25
26

Page 4 - COMPLAINT
OREGON LAW CENTER
230 NE Second Avenue Suite D
Hillsboro, OR 97124
Tel: (503) 726-4381