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FOWLER PACKING COMPANY, INC. v. LANIER

No. 16-16236.

844 F.3d 809 (2016)

FOWLER PACKING COMPANY, INC.; Gerawan Farming, Inc., Plaintiffs-Appellants, v. David M. LANIER, in his official capacity as Secretary of the California Labor and Workforce Development Agency; Christine Baker, in her official capacity as the Director of the Department of Industrial Relations; Julie A. Su, in her official capacity as California Labor Commissioner, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2016.

Attorney(s) appearing for the Case

David A. Schwarz (argued) and Michael D. Harbour , Irell & Manella LLP, Los Angeles, California, for Plaintiffs-Appellants.

Thomas Patton (argued), Deputy Attorney General; Mark R. Beckington , Supervising Deputy Attorney General; Douglas J. Woods , Senior Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, Sacramento, California; for Defendants-Appellees.

Damien M. Schiff and Wencong Fa , Pacific Legal Foundation, Sacramento, California, for Amici Curiae Western Growers, California Fresh Fruit Association, African-American Farmers of California, California Farm Bureau Federation, Fresno County Farm Bureau, and Nisei Farmers League.

Before: Ronald M. Gould, Richard R. Clifton, and Paul J. Watford, Circuit Judges.

OPINION

In response to recent state appellate court decisions that exposed employers to significant and unexpected minimum wage liability, California passed Assembly Bill 1513 (AB 1513). This law created a "safe harbor" that gave employers an affirmative defense against the new claims so long as the employer made...

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