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BOBADILLA-GERMAN v. BEAR CREEK ORCHARDS, INC.

Nos. 10-35205, 10-35268.

641 F.3d 391 (2011)

Elias BOBADILLA-GERMAN; Jacobo Bobadilla-German; Vicente Fimbres Romero; Mauro German-Sanchez; Gilberto Padilla-Ortiz; Victor Villanueva-Hernandez; Dario Angel Villegas-Meza, Plaintiffs-Appellants, and Jose De Jesus Gaeta Bautista; Benjamin Urbalejo-Rodriguez, Plaintiffs, v. BEAR CREEK ORCHARDS, INC., a Delaware corporation, Defendant-Appellee. Elias Bobadilla-German; Jacobo Bobadilla-German; Vicente Fimbres Romero; Mauro German-Sanchez; Gilberto Padilla-Ortiz; Victor Villanueva-Hernandez; Dario Angel Villegas-Meza, Plaintiffs-Appellees, v. Bear Creek Orchards, Inc., a Delaware corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2011.

Attorney(s) appearing for the Case

Mark J. Wilk , Oregon Law Center, Woodburn, OR, for the plaintiffs-appellants/cross-appellees.

Brenda K. Baumgart , Barran Liebman LLP, Portland, OR, for the defendant-appellee/cross-appellant.

Denise G. Fjordbeck , Assistant Attorney General, Appellate Division, Office of the Oregon Attorney General, Salem, OR, for the amicus curiae.

Before: SIDNEY R. THOMAS and SUSAN P. GRABER, Circuit Judges, and JAMES V. SELNA, District Judge.

OPINION

THOMAS, Circuit Judge:

In these appeals, we consider whether certain on-site housing costs of seasonal farm workers can be credited toward the minimum wage set by Oregon statute. Under the circumstances presented by this case, we conclude that they may not. We also conclude that the workers in this case were entitled to be paid on the last workday, rather than the following day.

I

Bear Creek Orchards, Inc., operates peach and pear...

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