Judge OKs Zirkle settlement with foreign guest workers

Judge Fred Van Sickle on Tuesday approved a settlement to award $102,000 to 600 foreign guest workers employed by Zirkle Fruit in 2007.

Each worker is entitled to $170 but must file a claim within 105 days -- roughly three months and two weeks -- from the date of approval.

Zirkle fired nine Mexican farm workers last year for allegedly failing to meet productivity requirements. The men had been brought to the U.S. on H-2A visas as part of a federal program that allows American farmers to hire foreign workers when there's a local shortage.

The farm workers sued the Selah-based fruit company in federal court in January, alleging that Zirkle failed to adequately disclose production standards in the labor contract, which is approved by the U.S. Department of Labor.

The workers' claim was based on federal minimum wage law and recent court rulings, which found that if net wages in the first week of work fall below the federal wage, employers must make up the difference.

Zirkle agreed to pay attorneys fees and costs of $10,000 incurred by the Seattle-based Phillips Law Group,
co-counsel for the plaintiffs with the Northwest Justice
Project of Yakima.

Plaintiffs attorneys will notify the eligible workers of their right to file a claim.