* A construction company originally hired a worker on an H-2B visa. He was paid overtime. Years later, when the company hired him back on an H-2A visa, he was not paid overtime. He’s now suing.
* H-2A workers are not eligible for overtime. The company, Signet Builders, has asked the U.S. Supreme Court to step in and protect its business model.
* The case raises questions about what constitutes agricultural work for employment purposes.
Jose Ageo Luna Vanegas first worked for Signet Builders in the early 2000s. Hired on a temporary labor visa, he traveled from Mexico to U.S. job sites. The hours were long, but he was paid overtime. Years later, around 2017, Signet hired him again. This time, he received no overtime pay.
That’s when he “started asking questions,” his attorney, Jennifer Zimmermann, said.
The work was largely the same. His visa was different.
Originally, Luna Vanegas was hired on an H-2B visa. Various industries use the visas to fill labor shortages. A hotel facing a busy summer might hire foreign maids, for instance. But, when Signet hired him for his second stint with the company, he was on an H-2A visa. It’s reserved for agriculture work. Unlike H-2B visa holders, H-2A workers are exempt from overtime pay.
Since at least 2008, the federal government has allowed construction companies to use H-2A labor to build livestock confinements, and the practice has only grown since then. However, following his drop in pay, Luna Vanegas sued, alleging...
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