Employment & Labor Law
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Gonzalez-Sanchez v. International Paper Company, Union Camp Corporation
16 Fla. L. Weekly Fed. C1172a (11th Cir. September 25, 2003)
This was a suit by five migrant workers of farm labor contractors (FLC) who sought monetary relief from two manufacturers of paper products who hired the FLC's to plant tree seedlings in the manufacturers' forests. The employees argued the manufacturers were their joint employers. They also attempted to proceed as a class. The lower court found the manufacturers were not joint employers and, as such, the class certification issue was moot. The appellate court used the seven factors from Martinez-Mendoza v. Champion International Corp. (11th Circuit 2003) to determine the joint employment issue.
In the present case, the court found that only factor 6 weighed slightly in favor of joint employment. As such, it affirmed the district court's decision granting the manufacturers summary judgment on the issue of joint employment. The court then remanded the class certification issue, holding that the lower court erred in holding that a plaintiff's capacity to act as representative of a class was terminated when he lost his case on the merits. If a case or controversy remains, the court may determine that class certification is appropriate.
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