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HOWARD v. MALCOLM

Nos. 87-1654, 87-1720.

852 F.2d 101 (1988)

Milton HOWARD; Samuel Jenkins; Fred McGowan; Lloyd Johnson; Gerald Smith; Jacqueline Williams; Reginald Johnson; Victor Inniss, individually and on behalf of all other migrant farmworkers similarly situated, Plaintiffs-Appellants, Walter Rippey, Jr., Party in Interest-Appellant, v. Kim MALCOLM, d/b/a Baytree Plantation and Barra Farms, Defendant-Appellee, and David Godwin, Frank Blanding, Defendants. Milton HOWARD; Samuel Jenkins; Fred McGowan; Lloyd Johnson; Gerald Smith; Jacqueline Williams; Reginald Johnson; Victor Inniss, individually and on behalf of all other migrant farmworkers similarly situated; Plaintiffs-Appellants, Walter Rippey, Jr., Party in Interest-Appellant, v. Kim MALCOLM, d/b/a Baytree Plantation and Barra Farms, Defendant-Appellee, and David Godwin, Frank Blanding, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1988.

Rehearing and Rehearing Denied August 26, 1988.

Attorney(s) appearing for the Case

Robert James Willis, Raleigh, N.C., (Pamela R. Distefano, Farmworker Legal Services of North Carolina, Greensboro, N.C., Shelley Davis, James Strothmann, Migrant Legal Action Program, on brief), for plaintiffs-appellants.

Charles Franklin Blackburn (Perry, Kittrell, Blackburn & Blackburn, Henderson, N.C., Stephen Lobrano, Lobrano & Kincaid, Jacksonville, Fla., on brief), for defendant-appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and MacKENZIE, Senior District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing In Banc Denied August 26, 1988.

ERVIN, Circuit Judge:

Plaintiffs Milton Howard and a number of his migrant co-workers appeal the judgment below for defendant Kim Malcolm, d/b/a Baytree Plantation and Barra Farms. The district court found that Malcolm was not their joint employer during the summer of 1985 under the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), 29 U.S.C. §...

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