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Does the Fair Labor Standards Act apply to non-U.S. citizens working in the U.S. according to the Pablo-Calmo case?

The Fair Labor Standards Act is the foundation of human resource policy in the U.S. Does it apply to non-U.S. citizens working in the U.S.? A recent decision in the case of Pablo-Calmo versus Eller and Sons Trees in North Carolina, reclassified the case as a class action suit. Why? The tree planters, who are working under H2-B visas for Eller claimed to be paid less than the minimum wage of $5.15 an hour. The Southern Poverty Law Center, who brought this suit for back wages and out-of-pocket expenses, is calling it an exploitation of guest workers.

There have been numerous articles reporting on this suit and other similar suits addressing the rights of guest workers in the U.S. Conduct a news search on this case and study the issues.

Compose your thoughts with the intent to engage in debate about the extent to which you think our labor laws should protect guest workers.

Southern Poverty Law center

Fair labor Standards Act

Solution Preview

In American culture, it is a way of life for families across the country to have luxurious manicured lawns, acres of pristinely managed farmland, fresh vegetables and fruits being harvested abundantly, and many other labor intensive seasonal luxuries. For years, these very demanding tasks have been outsourced to foreign guest workers through the H2-B visa program. This program allows for companies to apply for a request to bring in immigrant workers to do the jobs they claim are not supported by the local economy or workforce in their location, therefore the need for foreign assistance on a temporary basis. Homeland security evaluates the application and after many considerations are accounted for, they approve or deny the application. Once approved, the guest foreign worker is allowed to come and work for the company that petitioned ...

Solution Summary

This solution provides information about the process for hiring guest workers in the US and discusses why it is imperative that the rights of guest workers be enforced and all laws and pay rates be mandated in 510 words with three references.