Denver, CO: A federal judge has refused to toss a lawsuit alleging that some of the most isolated and exploited workers in the country — immigrant sheepherders on H-2A visas — were the targets of a coordinated wage-fixing scheme.
The lawsuit, brought on behalf of a proposed class of sheepherders paid about $5 an hour for grueling, round-the-clock work, accuses the Western Range Association (WRA) and its member ranches of conspiring to lock wages at the rock-bottom legal minimum and block workers from moving to ranches offering better pay or treatment.
On Friday, the U.S. District Court for the District of Nevada ruled that the case can move forward, rejecting the ranches’ argument that federal H-2A regulations give them immunity from the antitrust laws — concluding that “none of these theories are meritorious” — and ruling that the sheepherder’s complaint “plausibly suggests that all Ranch Defendants acquiesced to the market allocation and wage-fixing schemes.” The plaintiffs are represented by Towards Justice — a nonprofit law firm taking on corporate abuse in Colorado and nationwide — alongside Fairmark Partners, LLP, and Salahi PC.
“We are proud to represent our courageous clients, some of the most vulnerable and lowest paid workers in the country,” said David Seligman, Executive Director of Towards Justice. “The court’s order reaffirms what our clients have argued all along: every worker, even the lowest wage workers in our economy, has the right under the antitrust laws to sell their labor in a fair and open market where employers compete for workers with decent pay and treatment.”
“We are heartened by the court’s recent decision to allow our clients’ antitrust claims to move forward to trial — it’s a good reminder that any entity, no matter how powerful, can be held to account,” said Rucha Desai of Fairmark Partners.
“This ruling is a major step forward for the sheepherders who keep the sheepherding industry running,” said Yaman Salahi of Salaih PC. “We look forward to proving our case and winning justice for these workers.”
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