Braceros Workers Class Action
Aviso
en español
Introduction
On April 5, 2001, on behalf of several former Mexican workers contracted to work in United States from 1942 to 1949, Lieff Cabraser filed a class action law that seeks to recover wages withheld for placement in savings funds that were not returned to the workers.
The Contribution of the Braceros to America
About 350,000 contract workers (called "Braceros," Spanish for strong arms) were hired beginning in 1942 to assist the United States in response to the depleted national workforce caused by World War II. The Braceros provided farm labor and worked in rail road yards. Under a bilateral agreement between the United States and the Government of Mexico, forced savings accounts were created for the Braceros. Into each account, a portion of the Braceros' wages were deposited. The purpose of these accounts was to ensure that the Braceros would return home to Mexico upon termination of their contracts.
Many Braceros are still alive and, as charged in the lawsuit, have not received any of the wages that were withheld. Commenting on the lawsuit, Lieff Cabraser partners stated, "This is a classic human-rights issue where we're talking about the interest of individuals who were wronged."
The Braceros Lawsuits
The defendants named in the lawsuit are the United States government, the Mexican government and three Mexican banks. These defendant entities were responsible for the administration and effective transfer and distribution of the savings funds to the workers when they returned to Mexico. The lawsuit is pending in federal court in San Francisco, California.
Case Update
On August 23, 2002, Charles Breyer, the District Judge overseeing the action, dismissed the claims against the Mexican government and bank defendants, while granting plaintiffs leave to file an amended complaint against the U.S. government. In his decision, Judge Breyer noted that he did "not doubt that many (workers) never received savings fund withholdings to which they were entitled. The Court is sympathetic to the braceros situation."
On June 24, 2003, the Court denied the motion to reconsider the dismissal of the Mexican defendants, and plaintiffs are considering seeking appeal of that ruling. The Court did, however, permit plaintiffs to proceed on their claim that the United States Government, as trustee, violated its fiduciary duty to safeguard the braceros' savings.
In June 2005, U.S. District Court Judge Charles Breyer denied motions to dismiss filed by Mexico and the Mexican banks charged with illegally withholding the savings funds from the Braceros in an extensive opinion, permitting the case to go forward against the Mexican defendants. The case is pending on appeal in the Ninth Circuit Court. Click here to read a copy of the June 2005 order in the case.
Contact Lieff Cabraser
For more information about this case, please contact case clerk Edward Brudney at 1-800-541-7358, extension 2286.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last five years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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