CASTELLANOS-CONTRERAS v. DECATUR HOTELS, LLC

No. 07-30942.

576 F.3d 274 (2009)

Daniel CASTELLANOS-CONTRERAS; Oscar Ricardo Deheza-Ortega; Rodolfo Antonio Valdez-Baez, Plaintiffs-Appellees, v. DECATUR HOTELS, L.L.C.; F. Patrick Quinn, III, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 21, 2009.


Attorney(s) appearing for the Case

Jennifer Jean Rosenbaum (argued), New Orleans Workers' Ctr. for Racial Justice, Tracie L. Washington, Louisiana Justice Institute, New Orleans, LA, Mary Bauer, Southern Poverty Law Ctr., Immigrant Justice Project, Atlanta, GA, for Plaintiffs-Appellees.

Leslie Weill Ehret, Ellen Shirer Kovach (argued), Suzanne Marie Risey, Frilot, LLC, New Orleans, LA, for Defendants-Appellants.

Ann Margaret Pointer (argued), John Eugene Thompson, Fisher & Phillips, Atlanta, GA, Keith M. Pyburn, Jr., Timothy Hugh Scott, Fisher & Phillips, New Orleans, LA, for Amici Curiae: Amelia Island Plantation, American Hotel & Lodging Ass'n, Basin Harbor Club, Beaver Run Resort & Conference Ctr., The Broadmoor, Best Western Grand Canyon Squire Inn, Cheyenne Mountain Resort, Florida Fruit & Vegetable Ass'n, Georgia Fruit & Vegetable Ass'n, Homestead Resort, Hyatt Hotels & Resorts, Kiawah Island Golf Resort, Mandoki Hospitality Group, Maryland Nursery & Landscape Ass'n, Mid-Atlantic Solutions, Inc., Nat. Council of Agricultural Employers, Ocean Reef Club, The Sagamore, Stein Erickson Lodge and Virginia Agricultural Employers Ass'n.

Catherine K. Ruckelshaus, Nat. Employment Law Project, New York City, for Interfaith Worker Justice, New Orleans, Workers' Ctr. for Racial Justice and Nat. Employment Law Project, Amici Curiae.

Before JONES, Chief Judge, and JOLLY and HAYNES, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The petition for panel rehearing is GRANTED. The prior opinion is WITHDRAWN, and the following opinion replaces it.

The aftermath of Hurricane Katrina required New Orleans hotelier Decatur Hotels, L.L.C. ("Decatur") to look to foreign sources of labor. A group of these employees (collectively, the "guest workers"), who held H-2B visas while working for Decatur, contend that Decatur violated the Fair Labor Standards Act ("FLSA...

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