MARTINEZ v. COMBS

No. S121552.

49 Cal.4th 35 (2010)

109 Cal. Rptr. 3d 514

231 P.3d 259

MIGUEL MARTINEZ et al., Plaintiffs and Appellants, v. CORKY N. COMBS et al., Defendants and Respondents.

Supreme Court of California.

As modified June 9, 2010.


Attorney(s) appearing for the Case

Law Offices of Talamantes/Villegas/Carrera, Mark Talamantes, Jennifer Reisch; California Rural Legal Assistance, Inc., William G. Hoerger, Michael C. Blank; California Rural Legal Assistance Foundation, Inc., and Julia Montgomery for Plaintiffs and Appellants.

Virginia Ruiz for Farmworker Justice, National Employment Law Project and United Farm Workers as Amici Curiae on behalf of Plaintiffs and Appellants.

Schneider & Wallace, Joshua Konecky and W.H. "Hank" Wilson IV for Centro Legal de La Raza, Golden Gate University Women's Employment Rights Clinic, The Katharine and George Alexander Community Law Center, The Legal Aid Foundation of Los Angeles, The Legal Aid Society of San Francisco-Employment Law Center and Neighborhood Legal Services of Los Angeles County as Amici Curiae on behalf of Plaintiffs and Appellants.

Law Offices of Carroll & Scully, Donald C. Carroll and Charles P. Scully II for California Labor Federation, AFL-CIO as Amicus Curiae on behalf of Plaintiffs and Appellants.

Anastassiou & Associates, Jane E. Bednar and Effie F. Anastassiou for Defendant and Respondent Apio, Inc.

Western Growers Law Group, Noland, Hamerly, Etienne & Hoss and Terrence R. O'Connor for Defendants and Respondents Corky N. Combs and Larry D. Combs dba Combs Distribution Co., and Juan Ruiz.

Monte B. Lake for California Farm Bureau Federation, Agricultural Council of California, California Citrus Mutual, California Grape and Tree Fruit League, Grower-Shipper Association of Central California, Imperial Valley Vegetable Growers Association, Nisei Farmers League, Ventura County Agricultural Association, Western Growers Association and Wine Institute as Amici Curiae on behalf of Defendants and Respondents.


OPINION

WERDEGAR, J.

Plaintiffs, seasonal agricultural workers, brought this action under Labor Code section 11941 and other theories to recover unpaid minimum wages. Plaintiffs contend the Industrial Welfare Commission's (IWC) wage order No. 14-2001, entitled "Order Regulating Wages, Hours, and Working Conditions in Agricultural Occupations" (Cal. Code Regs., tit. 8, § 11140), commonly known as Wage...

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