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Law360, New York (December 14, 2015, 7:59 PM ET) — The Tenth Circuit on Monday ruled that a Peruvian immigrant working in the U.S. on a shepherding visa is allowed to pursue federal wage-and-hour claims against his employer, finding that the man’s work on a Utah ranch did not exempt him from minimum wage protections.
A three-judge panel found that German Wilmer Saenz Mencia, working in the U.S. on an H-2A visa, is a ranch hand and was incorrectly classified as a shepherd exempt from minimum wage protections under the Fair Labor Standards Act. The decision…