Cases Against Mercer Canyons Inc

Cases Against Mercer Canyons Inc ABOUT THE COMPANY Mercer Canyons Inc. is a private company and operates as an agricultural firm. Located in Washington, the Firm provides carrot growing services to customers and has vineyards. Mercer Canyons also offers potatoes, grass seed, corn, garlic and organic products. CASES AGAINST COMPANY Mercer Canyons, Inc.s has been filed with breach of contract regarding recruitment and hiring of laborers in March 2014. There are two instances in which company has been filed cases against. These are: Ruiz Torres v. Mercer Canyons, Inc. filed in March 2014 Perez v. Mercer Canyons Inc. filed in January 2016 First will look at the Ruiz Torres issue which is regarding the Disclosure of Information and Underpayment of Jobs. RUIZ TORRES V. MERCER CANYON THE H-2A CLEARANCE ORDER Mercer Canyon undertook the H-2A temporary worker program which provides the domestic employers to hire workers from foreign country in order to fill their temporary agricultural jobs. For an employer to hire workers under this program, it first needs to submit a proposal clearance order to the State Workforce Agency (in Washington State, the Employment Security Department (ESD)), for review. Once the clearance order is accepted by the Workforce Agency, the employer needs to file an application for H-2A certification. An employers petition can only be approved if there are no sufficient local workers available. H-2A regulations asks employers to follow the duty, abide by the regulations and hire available local employees first. Mercer Canyon hired WAFLA to advise regarding the regulations of H-2A program. WAFLA- WA Farm Labor Association is a seasonal employers Premier HR association. WAFLA did all the procedures on behalf of Mercer Canyon. The clearance order was accepted and the company could employee the workers from March 24, 2013 to September 1, 2013 at $12.00 per hour. WAFLA assured that Mercer would comply with the regulations of the H-2A program (CIRCUIT, 2016). DISCUSSING THE BREACH There were 44 positions available under the H-2A program. Mercer hired only 22 domestic workers under the H-2A program. Among these, few were hired through WorkSource. WorkSource is and organization providing job referrals. Among the remaining 22 positions, Mercer hired only 19 foreign workers. These 19 workers arrived on May 2, 2013. Ruiz and Amador, the residents of Yakima Country applied to the company for work before the start date of the clearance order. They were qualified U.S. workers and were eligible for work under clearance order. These workers filed a suit in 2014 against Mercer Canyon, alleging that the company did not disclose the information regarding availability of higher- paying vineyard jobs under the H-2A temporary agricultural worker program and thereby misleading the local farm workers. Also, alleging that the company underpaid the domestic workers who were hired. On March 19, 2013, Amador went to Mercer Canyons offices and was informed by the Mercer employee that no work was available and he was never informed about the vineyard laborer jobs availability under the H-2A clearance order. Amadors claim was right because Mercer hired 19 foreign workers even though local workers were available for the job (casetext, n.d.). Ruiz Torres worked as a vineyard laborer at Mercer Canyons in 2012. He came back to the company to work again in 2013 as a vineyard laborer pursuant to the H-2A clearance order that paid $12 per hour. In his case, the company did not solicit his return as a vineyard laborer pursuant under H-2A clearance order and paid $9.88 per hour (casetext, n.d.). Judge Bastian certified an Inaccurate Information class and an Equal Pay subclass on April 8, 2015. The Inaccurate Information class, numbering approximately 600 individuals, includes the following members: All domestic migrant and seasonal farm workers who: 1) were employed as vineyard workers by Mercer Canyons in 2012; 2) sought employment at Mercer Canyons in 2013 between February 4 and June 15, 2013; or 3) performed vineyard work at Mercer Canyons between March 24 and September 15, 2013, and were not referred by WorkSource. Within this class, Plaintiffs identified an Equal Pay subclass, of approximately 200 individuals. This subclass is comprised of the following members: All domestic and seasonal farm workers who performed vineyard work between March 24 and September 15, 2013 for Mercer Canyons, were paid less than $12 per hour, and were not referred by WorkSource. The laborers were hired under the deceived workers class of certification which included following criteria: Workers who were employed by the company on 2012 Workers who sought employment at the company in 2013 before 50% of the Clearance Order Period elapsed Workers who were hired at the company in 2013 prior to 50% of the Clearance Order Period and were not referred by WorkSource This workers complaint fell under the violation of provisions of three Acts: Violating the Agricultural Workers Protection Act (AWPA) Violating the Washingtons Consumer Protection Act (CPA) Washington Wage Law Under Agriculture Workers Protection Act, section 1831 relates to seasonal agriculture workers and section 1831 relates to migrant agriculture workers. These sections state that: ÂÂ  No farm labor contractor, agricultural employer, or agricultural association shall knowingly provide false or misleading information to any seasonal agricultural worker concerning the terms, conditions, or existence of agricultural employment MERCER CANYONS TAKE Mercer Canyons appealed the decision on several grounds, including that several members of the class might not have been adversely affected because they would have not been hired or they may have not been seeking other non-vineyard positions at the time. Columbia Legal Services Attorney Lori Isley said that this case is about an employer taking advantage of the workers working in farm and who have contributed to the company and the community. He added that if the employer wants to benefit by hiring workers from forign labor market, employer has to abide by the rules (Federal Court Grants Class Action Status for Farm Workers Against Mercer Canyons for Unfair Deceptive Practices | Columbia Legal Services, 2015). HOW TO SOLVE Considering the issue, two questions are believed to provide the solution of the litigations: (1) Whether Mercer Canyons had a policy or practice to withhold information pertaining to H-2A jobs from job-seekers and current employees (2) Whether such withholding constituted providing false or misleading information concerning the existence of, or terms and conditions of, jobs . . . under the AWPA and CPA (CIRCUIT, 2016) Along with this a common question of Liability arises on the part of Mercer Canyon in the matter of disclosing the information on existence and pay-rate of the work under H-2A order. The individualized damages inquiries are common in the real-world scenario, especially in wage-and-hour disputes, and usually do not defeat certification. The laborers in this case had claimed the total amount of damage i.e. damaged caused to all class of laborers, rather than the individual calculations. Thus, mercer was made liable to the damages caused. Mercer had failed to keep the adequate records on accounting of each employees. It is a drawback for the company because company cannot show proof in the court. And the workers took the advantage of claiming an aggregate sum of money in the compensation. HOW DID MERCER SOLVE THE ISSUE The case was first taken at the district court where the court certified an Inaccurate Information class and an Equal Pay subclass, corresponding to plaintiffs claims. Then the case was taken to the federal court, where federal court agreed with the decision of the district court. Thus, despite of efforts by Mercer Canyons to prove themselves, they lost in February 2017 and decided to compensate $545,000 to the workers. A negligence on the part of the company lead it to pay a huge amount. WHAT NEXT CAN THEY DO TO BUID THE CONFIDENCE The company made a big mistake of not keeping the accounting records, the first thing the company needs to start with is to start maintaining the records of people and pay. Maintaining records helps and serves as a proof in cases like this Company needs to start abiding by the regulations of H-2A clearance order. And hence, hire the local employees first and pay proper wages. To ensure the confidence of the workers and other parties, company needs to have a proper communication among the parties regarding the issue. Explaining each party on what went wrong and what are the measures taken by the company to resolve the issue and make sure that such things does not arise in the future call of business. Company needs to keep one supervisor to keep a track of workers working on wage-pay. The supervisor can ensure on the workers satisfaction and can hear their problems. This would help the company solve any workers issue outside the court without getting into the companys reputation. PEREZ V MERCER CANYON On January 28, 2016, few plaintiffs filed a complaint against Mercer Canyon with respect to Mercers recruitment. These plaintiffs claim that Mercer Canyon asked them to appear for the interview. After the interview, they were asked to wait until they call for the start date and the rug test. Because of this the plaintiffs did not look for other job opportunities because they felt that their job at Mercer was approved. After a month, Mercer informed them that they are not selected for the job. Similar cases happened with few of the plaintiffs. Another plaintiff got selected after the interview and was waiting for the drug test. But then Mercer informed her that she is not hired because she left specific skills. Mercer in a way breached the contract by improper communication. The proceedings of this issue are yet to start. Mercer in this case does not abide by Good faith and Fair Dealings Standards. Mercer also excluded a class of people from being considered for an employment and thus engaged itself in Employment discrimination. Mercer Canyon should start gathering proper documents on its recruitment procedures to show proof in the court. It should also start gathering evidences and records. The company can also set the deal outside the court by making a negotiation with the plaintiffs. Both the cases look like one another in a way of miscommunication or employment discrimination. Because two cases are registered with the similar complaint, Mercer should focus on its communication to the employees and other parties. It needs to hire good staff members who are responsible for the proper flow of information among the company and to outside members. Company needs high concentration in managing the present or potential workers. REFERENCES (2015, April 09). Retrieved from Federal Court Grants Class Action Status for Farm Workers Against Mercer Canyons for Unfair Deceptive Practices | Columbia Legal Services: http://www.columbialegal.org/Farmworker-Class-Action-Granted-Against-Mercer-Canyons casetext. (n.d.). Retrieved from casetext: https://casetext.com/case/perez-v-mercer-canyons-inc CIRCUIT, U. S. (2016). RUIZ TORRES V. MERCER CANYONS. Washington.

Beliefs on Pregnancy Essay

This paper is about the effect of superstitious beliefs and practices in the Philippines on pregnancy. It explores the role of nurses in caring for culturally diverse Filipino patients and families in a safe and effective way. The paper provides a historical background, topic facts, impact of the superstitious beliefs on pregnancy, nursing responsibilities, interventions, teachings and cultural impact on pregnancy. The Philippines is a country of many superstitions and beliefs. These practices are handed down from their ancient forefathers. Filipino beliefs and practices have grown in number throughout the various regions and provinces in the country. Superstitious beliefs or practices are considered to be irrational beliefs about an object or action that can influence the consequences of an event (Francia, 2010). There is a great number of folk beliefs Filipinos carry starting from birth, childhood, adolescence, wedding and even death. These beliefs tend to talk about life, family, luck, wealth, and one of the most talked about is the reproductive health of a woman during and after pregnancy. Topic Facts Filipinos have been famous for their superstitious beliefs and practices. These practices may be based on religious beliefs, opinions and real life experiences. According to some Filipino beliefs, cravings for food during pregnancy should be satisfied. Some pregnant women may avoid eating black foods to avoid the birth of an infant with dark skin tone. Unpleasant emotions experienced by pregnant women may be blamed for causing birthmarks. Traditional customs in the Philippines dictate that women should not bathe for about ten days after giving birth (Franchino, 2011). Bathing during these times is seen as a cause of ill health and rheumatism in old age. Sponge baths and steam baths could be used as alternatives. Filipina women may object to having a shower immediately after birth. Some Filipinas bind their abdomen tightly believing that the practice helps to prevent bleeding and helps the uterus to retract. Postpartum women may be massaged with coconut oil with the aim of restoring their lost health. This practice is believed to help expel the blood clots from the uterus, restores the uterus into the prepregnant position and promotes lactation. Impact to Mother and Fetus Many of the customs surrounding the treatment of pregnant Filipina women come from hundreds of years ago when prenatal care was not available. It is the responsibility of the community and family to help the mother carry a child to term. The emotional state of the pregnant mother, surroundings and cultural influences have a profound effect on the health and development of the unborn child. In the Philippines, it is not permitted to argue with a pregnant woman. She always has the last word. The behavior of the pregnant woman is believed to affect the unborn baby. They are protected from any trauma or shock. The pregnant woman is forbidden to have any cruel or bad thoughts. One of the most awaited stages in the life of a Filipina is their reproduction (Hicks, 2011). It is also considered the most susceptible part with regards to health. Families, especially the husband and parents give their utmost care and support to the woman who is pregnant. Nursing Responsibilities It is the responsibility of a nurse to be a culturally competent provider. A nurse must value diversity and respect individual differences regardless of one’s age, race, religious beliefs, or ethnocultural background. A nurse must demonstrate knowledge and understanding of their client’s culture, health related needs and culturally specific meanings of health and illness. A nurse must resist judgmental attitudes. Being open and comfortable with cultural encounters is a major responsibility that nurses must face. Nurses should accept responsibility for one’s own education in cultural competence by attending conferences, reading professional literature, and observing cultural practices (Purnell, 2009). There are differences among cultures but one culture is not better than the other. Nursing Interventions Nursing interventions are designed to help the client meet the desired outcomes of pregnancy. Interventions include care to the Filipina client as well as the family. A nurse should assess family structure and availability of significant others and family. Filipino culture is very communal and interdependent. This collective culture has an impact in the care of the pregnant mother. Family members and neighbors work together to care for the pregnant mother. This atmosphere supports the well-being of both mother and fetus. Nursing Teaching Filipino culture greatly influences how a patient learns. Most Filipinos are observant. During a teaching session, a pregnant Filipina’s nod may have several meanings. It may indicate comprehension, agreement or some other message that may be difficult for the client to disclose. It is important to know who has the authority in the patient’s culture. In a contemporary Filipino family, decisions are largely influenced by the intimate circle of family. A nurse must consider that a pregnant Filipina respects the opinions of a network of family and community health advisers. They are important for building trust and rapport in the client-provider relationship. Cultural Impact This paper has looked at the beliefs and practices in pregnancy that impact Filipino culture. A culturally competent health care and community involvement are recommended strategies for improving health care (Lowdermilk, Perry, Cashion & Alden, 2012). It influences how the mother and fetus is cared for during pregnancy. These beliefs are practiced because Filipinos believe that that there is nothing to lose if they comply with these beliefs. A nurse should incorporate the cultural health practices of a client in the teaching plan for it to be effective. The Philippines has maintained and passed on a lot of customary beliefs. These beliefs are still practiced tod ay. References Franchino, V., (2011). Philippines (1st ed.). Ann Arbor, Michigan: Cherry Lake Publishing. Francia, L., (2010). A history of the Philippines from Indio Bravos to Filipinos (1st ed.). New York: Overlook Press. Hicks, N., (2011). Enchanting Philippines (1st ed.). Oxford: John Beaufoy Publishing. Lowdermilk, D.L., Perry, S., Cashion, K., & Alden, K.R., (2012). Maternity and women’s health care (10th ed.). Missouri: Mosby. Purnell, L., (2009). Guide to culturally competent health care (2nd ed.). Philadelphia: F.A. Davis Company.

The Crucible By Arthur Miller Essay - 2290 Words

Arthur Miller wrote the famous play, The Crucible, in order to compare the Salem witch trials to events of his time and to expose the social injustices that existed in his society due to the controversial Communist scare that was occurring. Though Miller wrote The Crucible for this purpose, its themes are quite appropriate when considering current events, as the audience is met with the ever-prevalent themes of the severity of false accusations, reputation, and integrity. There is no doubt that many current events relate to these themes, what with situations of destroyed reputations at the hands of others, integrity being called into question, and false accusations flying left and right. There is a plethora of current events that could easily be related to the aforementioned themes of The Crucible. One of the most talked about and most recent events is the presidential race, with Donald Trump as the front-runner for the Republican Party. Trump has made some disturbing remarks regardi ng Mexican immigrants and Muslim Americans, which can, indubitably, be damaging to the reputations of the Americans who find themselves in these groups. With the number of people who support Trump, his remarks can certainly have devastating effects on these groups, with many hate crimes already being committed, regardless of Trump’s remarks. With the false accusations that Trump is making, it is certainly possible that the attacks on the Muslim faith and on Mexican immigrants may become moreShow MoreRelatedThe Crucible By Arthur Miller1269 Words   |  6 PagesAt first glance, the playwright Arthur Miller in The Crucible highlights the historical significance of the Salem Witch Trials of 1692, but in fact it is an allegorical expression of his perception of McCarthyism. 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Dystopia Speech - 1258 Words

Imagine your hell. What would it look like? Who belongs there? Fictional...or real? Is it anything like our modern world or is it a fear beyond your wildest imagination? At the heart of every dystopia is essentially, the exploration of human nature and the expression of the fears that drive our societies. There are three main fears which are involved with dystopia. They are; political dispute and rebellion, the stifling of freedom to express individuality and the loss of human connectedness, which is central to our need for social interaction and validation. 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