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MENCIA v. ALLRED

No. 14-4047.

808 F.3d 463 (2015)

German Wilmer Saenz MENCIA, Plaintiff Counterclaim Defendant-Appellant, and Ciro Camayo Cano, Plaintiff Counterclaim Defendant, v. Phillip E. ALLRED; Chance Allred; Dustin Allred; Preston Allred, d/b/a Allred Land & Livestock, Defendants Counterclaim Plaintiffs-Appellees, and Western Range Association, Defendant. Colorado Legal Services; California Rural Legal Assistance, Inc.; United States Secretary of Labor, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 14, 2015.

Attorney(s) appearing for the Case

Edward Tuddenham , New York, N.Y. ( Jaqualin Friend Peterson and Elizabeth M. Peck of Peck Peterson LLP, Salt Lake City, UT, with him on the briefs), for Plaintiff Counterclaim Defendant-Appellant.

Judith D. Wolferts of Snow, Christensen & Martineau, Salt Lake City, UT, for Defendants Counterclaimants-Appellees.

Jenifer C. Rodriguez and Dermot Lynch of Colorado Legal Services, Denver, CO; Cynthia Rice of California Rural Legal Assistance, Oakland, CA, filed an amicus curiae brief for Colorado Legal Services and California Rural Legal Assistance.

Andrea Lindemann Gilliam ( M. Patricia Smith , Solicitor of Labor; Jennifer S. Brand , Assistant Solicitor; Paul L. Frieden , Counsel for Appellate Litigation, with her on the brief), U.S. Department of Labor, Washington, D.C., for Amicus Curiae United States Secretary of Labor.

Before KELLY, McKAY, and PHILLIPS, Circuit Judges.

Mr. Saenz, a citizen of Peru, came to Utah to work for the Allreds' sheep ranch. His work was authorized by an H-2A sheepherding visa, and he was paid the minimum wage for H-2A sheepherders: $750 per month plus food and lodging.

He now claims this pay was inadequate. He argues the work he performed did not qualify as...

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