The lawsuit was filed by two Mexican truck drivers, Juan Carlos Renteria-Briones and Erik de Jesus Iniguez Fernandez, against Texas-based Fabian Morales Trucking LLC. The plaintiffs allege that the company failed to pay overtime wages and misrepresented their job duties to obtain agricultural guestworker visas.
This is not an isolated incident, as similar cases have been brought against US carriers in recent years. The Fair Labor Standards Act (FLSA) requires employers to pay time-and-a-half overtime for hours worked beyond 40 per week, but Fabian Morales Trucking allegedly paid drivers the Adverse Effect Wage Rate (AEWR) instead.
The plaintiffs claim that they worked over 60 hours per week but received only straight hourly pay. This practice is a clear violation of federal labor law and has significant implications for the workers involved.
Fabian Morales Trucking operates a fleet of 31 truck tractors and 31 trailers, employing 10 drivers who haul primarily grain, feed, and hay in interstate commerce. The company's reliance on seasonal foreign guestworkers to operate its fleet during peak agricultural periods is also noteworthy.
The lawsuit alleges that the company misrepresented the nature of the work in H-2A visa applications by classifying the jobs as agricultural work, despite the workers primarily operating heavy trucks rather than equipment. This misclassification has serious consequences for the workers, who may not be entitled to overtime pay or other benefits.
The US Department of Labor previously investigated the company in 2017 and determined that its H-2A truck drivers were entitled to overtime pay. However, despite this finding, Fabian Morales Trucking continued to use the same pay practices and misclassify its drivers under the H-2A agricultural visa program.
This case is a reminder of the need for greater oversight and enforcement in the US trucking industry. The exploitation and misclassification of foreign workers are widespread issues that require urgent attention from regulators and employers alike.
The plaintiffs are seeking unpaid overtime, damages, and other relief under the FLSA. They are also alleging breach of contract for failing to reimburse certain travel, visa, and work-related expenses required under H-2A employment contracts.
The lawsuit was filed as a collective action, meaning that other similarly situated H-2A truck drivers who worked for the company between 2023 and 2025 may be eligible to join the case. This could lead to significant changes in the way US carriers operate and treat their foreign workers.
This case highlights the ongoing struggles of foreign workers in the US trucking industry, where exploitation and misclassification remain widespread issues.
