Mario SALINAS; William Ascencio, Plaintiffs, on behalf of themselves and others similarly situated; Bernaldino Salinas; Franklin Henriquez, Plaintiffs-Appellants, and
Jose Dolores Mancia; Osmel Hernandez; Henry Garcia Viera; Henry Garcia, Plaintiffs,
v.
COMMERCIAL INTERIORS, INC., Defendant-Appellee, and
J.I. General Contractors, Inc.; Juan Flores Ramirez, personally; Isaias Flores Ramirez, personally, Defendants.
Secretary of Labor; National Employment Law Project; Laborers' International Union of North America Mid-Atlantic Regional Organizing Coalition; Centro De Los Derechos Del Migrantes, Amici Supporting Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 27, 2016.
Decided: January 25, 2017.
Attorney(s) appearing for the Case
ARGUED: Sally Jean Dworak-Fisher , PUBLIC JUSTICE CENTER, Baltimore, Maryland, for Appellants. Michael J. Jack , LAW OFFICES OF MICHAEL J. JACK, Marriottsville, Maryland, for Appellee. Dean Romhilt , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Amicus Secretary of Labor. ON BRIEF: Darin M. Dalmat , Kathy L. Krieger , JAMES & HOFFMAN, P.C., Washington, D.C., for Appellants. M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Amicus Secretary of Labor. Brian J. Petruska , LIUNA MID ATLANTIC REGIONAL ORGANIZING COALITION, Reston, Virginia; Catherine K. Ruckelshaus , NATIONAL EMPLOYMENT LAW PROJECT, INC., New York, New York, for Amici National Employment Law Project, Laborers' International Union of North America Mid-Atlantic Regional Organizing Coalition, and Centro De Los Derechos Del Migrantes.
Reversed by published opinion. Judge Wynn wrote the opinion, in which Judge Floyd and Judge Harris joined.
WYNN, Circuit Judge:
J.I. General Contractors, Inc. ("J.I."), a now-defunct framing and drywall installation subcontractor owned by brothers Juan and Isaias Flores Ramirez, directly employed Plaintiffs Mario Salinas, William Ascencio, Bernaldino Salinas, and Franklin Henriquez as drywall installers. During its existence, J.I. — and therefore...
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