(FAIR LABOR STANDARDS ACT)   (MISSOURI WAGE PAYMENT LAW)  Mo. Rev. Stat. § 290.527  111.  This count sets forth a claim by the Farmworkers for Defendants’ violations of the  Missouri wage payment law, Mo. Rev. Stat. § 290.527, during the 2018 southeastern Missouri  watermelon harvest.  112.  By their actions described in Paragraphs 49, 50, 51, 72, 73 and 76, Defendants paid the  Farmworkers less wages than the wages to which they were entitled.  113.  As a result of Defendants’ failure to pay wages as described in Paragraphs 49, 50, 51, 72,  73 and 76, the Farmworkers are entitled to the full amount of their unpaid wages for their work  during the 2018 southeastern Missouri watermelon harvest and an amount equal to twice the  unpaid wages as liquidated damages, as well as costs and attorney’s fees.  12.  The H-2A program was created by the Immigration and Nationality Act, 8 U.S.C. § 1188,  and is implemented through regulations set out at 20 C.F.R. §§ 655.100 to 655.185 and 29 C.F.R.  §§ 501.0 to 501.47.  The H-2A program authorizes the admission of non-immigrant workers to  perform agricultural labor or services of a seasonal or temporary nature.   15.  The clearance order also functions as an employment contract between the agricultural  employer and the H-2A workers.  20 C.F.R. § 655.122(q).   17.  In or about April 2018, Marin J submitted two separate temporary labor certification  applications to the Office of Foreign Labor Certification of the DOL’s Employment and Training  Administration seeking workers to harvest and pack watermelons in southeastern Missouri.  One  application sought admission of 27 workers for employment from June 25, 2018 through August  17, 2018, with the workers scheduled to be housed at 200 Slicer Street, Kennett, Missouri 63857  (ETA case number H-300-18102-843410).  The second application requested the admission of  80 workers for employment from June 25, 2018 through October 20, 2018, with the workers  scheduled to be housed at the 84 West Motel, 1433 Saint Francis Street Kennett, Missouri 63857  (ETA case number H-300-18124-947696).  Both of these temporary labor certification  applications were signed on behalf of Marin J by Jorge J. Marin.   18.  In or about July 2018, Marin J submitted a temporary labor certification application to the  Office of Foreign Labor Certification of the DOL’s Employment and Training Administration  seeking workers for employment in North Carolina harvesting apples and hemp.  The application  sought admission of 15 workers to harvest apples and hemp near Hendersonville, North Carolina  from August 8, 2018 through November 10, 2018 (ETA case number H-300-18169-075975).   The temporary labor certification application was signed on behalf of Marin J by Jorge J. Marin.   19.  Each of the temporary labor certification applications described in Paragraphs 16, 17 and  18 explicitly and implicitly incorporated the DOL’s regulations at 20 C.F.R. § 655 Subpart B,  including the terms described in Paragraph 14.   21.  A true and correct copy of the clearance order (ETA case number H-300-18102-843410)  submitted by Defendants as part of its request for 27 workers for employment in Missouri from  June 25, 2018 through August 17, 2018 is attached as Exhibit A.   22.  A true and correct copy of the clearance order (ETA case number H-300-18124-947696)  submitted by Defendants as part of its request for 80 workers for employment in Missouri from  June 25, 2018 through October 20, 2018 is attached as Exhibit B.   23.  The DOL accepted the temporary labor certification applications and clearance orders  submitted on behalf of Marin J as described in Paragraphs 16 through 20.  The clearance orders  were circulated to local job service offices in an effort to recruit U.S. workers to fill the positions  offered.   24.  On or about April 18, 2018, the DOL’s National Processing Center granted in full Marin  J’s temporary labor certification application seeking 28 workers for employment harvesting  watermelons in central Florida from April 25, 2018 through June 3, 2018.  U.S. Citizenship and  Immigration Services of the Department of Homeland Security in turn issued H-2A visas to fill  the manpower needs described in the temporary labor certification application and  accompanying clearance order.   26.  On or about June 8, 2018, the DOL’s National Processing Center granted in full Marin  J’s temporary labor certification application seeking 80 workers for employment harvesting,  loading, transporting, grading and packing watermelons in Missouri from June 25, 2018 through  October 20, 2018.  U.S. Citizenship and Immigration Services of the Department of Homeland  Security in turn issued H-2A visas to fill the manpower needs described in the temporary labor  certification application and accompanying clearance order (Exhibit B).   27.  On or about July 23, 2018, the DOL’s National Processing Center granted in full Marin  J’s temporary labor certification application seeking 15 workers for employment harvesting  apples and hemp in North Carolina from August 8, 2018 through November 10, 2018.  U.S.  Citizenship and Immigration Services of the Department of Homeland Security in turn issued H- 2A visas to fill the manpower needs described in the temporary labor certification application  and accompanying clearance order.   28.  Defendants failed to contractually forbid its agents and recruiters who they engaged to  recruit potential H-2A workers to fill the manpower requirements of the temporary labor  certification applications described in Paragraphs 16, 17 and 18 from seeking or receiving  payments from prospective employees.    30.  Fidencio Martinez-Gregorio incurred and paid a number of expenses in conjunction with  obtaining an H-2A visa and entering the United States to come to work in Florida for  Defendants.  These expenses included transportation from his home in Puebla to Matamoros and  from Matamoros to Defendants’ jobsite, lodging expenses while in Matamoros awaiting the  processing of his visa application, a fee for assistance in completing his visa application and  related documents, and a $6.00 (U.S.) fee paid at the U.S./Mexico border for issuance of an  arrival-departure document referred to as Form I-94.  The Form I-94 was necessary for Fidencio  Martinez-Gregorio to enter the United States and work for Defendants.   31.  The expenses incurred and paid by Fidencio Martinez-Gregorio as described in Paragraph  30 were incurred primarily for the benefit or convenience of Defendants within the meaning of  the regulations implementing the FLSA, 29 C.F.R. § 531.3(d)(1).   32.  Defendants employed Fidencio Martinez-Gregorio harvesting watermelons in central  Florida during May 2018.  The temporary labor certification application described in Paragraph  16 and the accompanying clearance order served as the employment contract between  Defendants and Fidencio Martinez-Gregorio with respect to his central Florida employment.  20  C.F.R. § 655.122(q).   34.  Although Fidencio Martinez-Gregorio worked for Defendants through the conclusion of  the central Florida contract period, Defendants never reimbursed him for his inbound  transportation and subsistence expenses, as promised in Fidencio Martinez-Gregorio’s  employment contract and required by 20 C.F.R. § 655.122(h)(1).   35.  Defendants transported Fidencio Martinez-Gregorio and the other members of the central  Florida harvesting crew between the jobsite and their living quarters each day in various vans  and buses owned by Defendants.  These same vehicles were used by Defendants to transport  Fidencio Martinez-Gregorio and the other crewmembers to nearby stores to purchase foodstuffs  and to laundromats to wash their clothes.   36.  At no time during the 2018 central Florida watermelon harvest did Defendants have in  effect an insurance policy in the amounts prescribed by 29 C.F.R. § 500.121(b), or a liability  bond meeting the requirements of 29 C.F.R. § 500.124, which insured either of them against  liability for damage to persons or property arising from the operation of the vehicles described in  Paragraph 35. Instead, Defendants sought to satisfy the vehicle insurance requirements of 20  C.F.R. § 655.122(h)(4) through a workers’ compensation insurance policy issued to Harbor  America Florida, a professional employer organization that Defendants hired to provide payroll  and other services with respect to Defendants’ employees.   38.  Defendants failed to maintain payroll records accurately recording the compensable hours  worked by Fidencio Martinez-Gregorio in the central Florida watermelon harvest.  Defendants  chronically underreported the number of hours worked by Fidencio Martinez-Gregorio.  The  hours and earning statements Defendants provided to Fidencio Martinez-Gregorio were based on  the same inaccurate data as contained in the payroll records, and similarly underreported the  number of hours worked.   39.  For his work harvesting watermelons in central Florida for Defendants, as described in  Paragraph 32, Fidencio Martinez-Gregorio was paid on a piece-rate basis, as delineated in the  Clearance Order.  His weekly piece-rate earnings frequently totaled less than the AEWR.  At  times, these piece-rate earnings were less than the amount due under the minimum hourly wage  provisions of the FLSA, 29 U.S.C. § 206(a), and the Florida Minimum Wage Act.  On such  occasions, Defendants were required to supplement Martinez-Gregorio’s piece-rate earnings so  that they at least equaled these wage rates.  20 C.F.R. § 655.122(l)(2).  These supplemental  wages are commonly referred to as a “make up” wage or “build up pay.”   41.  To meet the manpower requirements for their Missouri jobs described in the temporary  labor certification applications referenced in Paragraph 17 and the accompanying clearance  orders (Exhibits A and B), Defendants recruited and hired workers both from their Florida  watermelon-harvesting operations and from Mexico.   42.  As the central Florida watermelon harvest was finishing, in or about the beginning of  June, 2018, Defendants recruited and hired Fidencio Martinez-Gregorio to work with their crew  in the southeastern Missouri watermelon harvest under the job terms set out in Defendants’  temporary labor certification applications and accompanying clearance orders relating to that  work (Exhibits A and B).  Martinez-Gregorio accepted Defendants’ job offer, after which time  Defendants transported him from central Florida to Kennett, Missouri.  Upon his arrival in  southeastern Missouri, Martinez-Gregorio was employed harvesting and packing watermelons as  part of Defendants’ agricultural labor crew pursuant to Defendants’ temporary labor certification  applications described in Paragraph 17.     43.  Defendants recruited  Luis Gerardo Alvarez-Alonso, Sabino Campuzano-Dominga,  Miguel Angel Cerecedo-Rodriguez, Gustavo Cortez-Romero, Eduardo Rodriguez-Cruz,  Casimiro Rodriguez-Escobar and Bernardo Santiago-Zaragoza and other individuals in Mexico  to fill the Missouri watermelon harvesting and packing jobs described in the temporary labor  certification applications referenced in Paragraph 17 and the accompanying clearance orders  (Exhibits A and B).     45.  After being recruited by Defendants, Luis Gerardo Alvarez-Alonso, Sabino Campuzano- Dominga, Miguel Angel Cerecedo-Rodriguez, Gustavo Cortez-Romero, Eduardo Rodriguez- Cruz, Casimiro Rodriguez-Escobar and Bernardo Santiago-Zaragoza traveled at their own  expense from their respective hometowns in Mexico to Matamoros, Tamaulipas, Mexico, where  they were interviewed at the U.S. Consulate and issued H-2A visas.     46.  Sabino Campuzano-Dominga, Miguel Angel Cerecedo-Rodriguez, Gustavo Cortez- Romero, Eduardo Rodriguez-Cruz, Casimiro Rodriguez-Escobar and Bernardo Santiago- Zaragoza entered the United States at Brownsville, Texas in late June 2018 and traveled at their  own expense from Brownsville to Kennett, Missouri.     47.  Luis Gerardo Alvarez-Alonso entered the United States at Brownsville, Texas on July 6,  2018 and traveled at his own expense from Brownsville to Kennett, Missouri.     48.  Upon their arrival in southeastern Missouri, Luis Gerardo Alvarez-Alonso, Sabino  Campuzano-Dominga, Miguel Angel Cerecedo-Rodriguez, Gustavo Cortez-Romero, Eduardo  Rodriguez-Cruz, Casimiro Rodriguez-Escobar and Bernardo Santiago-Zaragoza were employed  harvesting watermelons as part of Defendants’ agricultural labor crew pursuant to Defendants’  temporary labor certification applications described in Paragraph 17.     50.  The expenses incurred and paid by Luis Gerardo Alvarez-Alonso, Sabino Campuzano- Dominga, Miguel Angel Cerecedo-Rodriguez, Gustavo Cortez-Romero, Eduardo Rodriguez- Cruz, Casimiro Rodriguez-Escobar and Bernardo Santiago-Zaragoza as described in Paragraphs  44 and 49 were incurred primarily for the benefit or convenience of Defendants within the  meaning of the regulations implementing the FLSA, 29 C.F.R. §531.3(d)(1).    51.    Defendants failed to reimburse Luis Gerardo Alvarez-Alonso, Sabino Campuzano- Dominga, Miguel Angel Cerecedo-Rodriguez, Gustavo Cortez-Romero, Eduardo Rodriguez- Cruz, Casimiro Rodriguez-Escobar, and Bernardo Santiago-Zaragoza for the expenses described  in Paragraphs 44, 49 and 50.  Although they issued checks purportedly intended to reimburse  these individuals for a portion of the pre-employment expenses described in Paragraphs 44, 49  and 50, Defendants required these individuals to immediately return or kick-back these funds. As  a result, the wages of Luis Gerardo Alvarez-Alonso, Sabino Campuzano-Dominga, Miguel  Angel Cerecedo-Rodriguez, Gustavo Cortez-Romero, Eduardo Rodriguez-Cruz, Casimiro  Rodriguez-Escobar, and Bernardo Santiago-Zaragoza for their respective first workweeks of  employment with Defendants’ crew in Missouri were less than the FLSA mínimum wage and the  applicable AEWR.   53.  Upon their arrival in Missouri, the Farmworkers were assigned by Defendants to housing  facilities in Kennett or Senath, Missouri.     54.  Defendants housed a number of crewmembers at the Budget Inn, 215 East South Bypass  Avenue, Kennett.  Defendants never disclosed to the DOL as part of their temporary labor  certifications that they would be housing H-2A workers at the Budget Inn.   55.  Among the workers housed at the Budget Inn were Luis Gerardo Alvarez-Alonso,  Gustavo Cortez-Romero, Sabino Campuzano-Dominga, Miguel Angel Ceredo-Rodriguez,   Eduardo Rodriguez-Cruz, Casimiro Rodriguez-Escobar, and Bernardo Santiago-Zaragoza.    56.  The accommodations at the Budget Inn were cramped, with many instances of four or  more workers sharing a room.  Because of the large number of occupants in each room, crew  members often slept two to a bed, with other roommates forced to sleep on the floor due to lack  of beds.   57.  Because of overcrowding in their room at the Budget Inn, Luis Gerardo Alvarez-Alonso,  Gustavo Cortez-Romero, Sabino Campuzano-Dominga, Miguel Angel Ceredo-Rodriguez,  Eduardo Rodriguez-Cruz, Casimiro Rodriguez-Escobar, and Bernardo Santiago-Zaragoza  developed a nightly sleeping rotation where they shared a bed with a coworker one night and  slept on the floor the following night for the duration of their stay.  Luis Gerardo Alvarez-Alonso  and Miguel Angel Cerecedo-Rodriguez had to sleep on the tile bathroom floor upon occasion.   59.  Defendants also housed members of their agricultural labor crew at a wood frame house  located at 9348 State Highway C, Unit #16, Senath, Missouri.    The wood frame house was  owned by Defendant Jorge J. Marin.     60.  Among the occupants of the wood frame house was Fidencio Martinez-Gregorio.  The  accommodations at the wood frame house failed to meet either the Occupational Safety and  Health Administration temporary labor camp standards set out at 29 C.F.R. §1910.142, or the  Employment and Training Administration migrant labor camp standards set out at 20 C.F.R  §§654.404, et seq.  Among other things, during the period he resided at the wood frame house  during the 2018 southeastern Missouri watermelon harvest, Martinez-Gregorio was allotted less  than 50 square feet of living space.  In addition, the facility was structurally unsound, doors and  windows were missing screens, no laundry facilities were provided, and garbage was allowed to  accumulate.   61.  During a portion of the 2018 watermelon harvest, the Farmworkers and a substantial  portion of the remainder of Defendants’ agricultural labor crew were housed at 200 Slicer Street  in Kenneth.  The facility at that location was the former Dunklin County jail and was purchased  by Defendants in or about April 2018.     63.  After an investigation by the DOL’s Wage and Hour Division in July 2018 and the  issuance of a preliminary injunction issued by the United States District Court for the Eastern  District of Missouri on August 6, 2018, Defendants relocated members of their crew, including  those workers who had been previously residing at the 200 Slicer Street facility, to the 84 West  Motel in Kennett.     64.    The facilities at the Budget Inn, the former jail at 200 Slicer Street and the 84 West Motel  all lacked convenient cooking and kitchen facilities.  Defendants arranged for meals to be catered  to the Farmworkers and other members of the crew residing in these facilities.  The charge for  these meals was in excess of $12.26 per day.  Although the clearance order promised that they  would be provided three meals daily, the Farmworkers frequently were not provided with  breakfast.  The Farmworkers’ Employment with Defendants in Missouri   65.  Defendants employed the Farmworkers harvesting, loading, transporting, grading and  packing watermelons in southeastern Missouri at various points in June, July and August 2018.    The temporary labor certification applications described in Paragraph 17 and the accompanying  clearance orders served as the employment contract between Defendants and the Farmworkers  with respect to the Missouri employment. 20 C.F.R. §655.122(q).   66.  The Farmworkers were employed packing and loading watermelons, including at the  packing facilities operated by Jones & Jones Enterprises, Inc. and/or Elite Farm & Produce.   68.  At no time during the 2018 Missouri watermelon harvest did Defendants have in effect a  liability bond meeting the requirements of 29 C.F.R. §500.124, which insured either of them  against liability for damage to persons or property arising from the operation of the vehicles  described in Paragraph 67.   69.  Defendants sought to satisfy the vehicle insurance requirements of 20 C.F.R.  §655.122(h)(4) through a workers’ compensation insurance policy issued to Harbor America  Central, a professional employer organization that Defendants hired to provide payroll and other  services with respect to Defendants’ employees.   70.  The workers’ compensation policy maintained by Harbor America Central and referenced  in Paragraph 69 did not cover all travel provided by Defendants to the Farmworkers and the  other crew members.  Among other things, the policy did not cover travel during periods when  the passengers were not actively engaged in harvesting activities, such as travel to stores, banks  and laundromats, or interstate trips between jobsites in different states.   72.  For their work cutting, harvesting, transporting, loading, grading, and packing  watermelons in southeastern Missouri for Defendants, as described in Paragraphs 65, the  Farmworkers were paid only sporadically, and the sums tendered them constituted only a  fraction of the wages the Farmworkers had earned.  As provided in their employment contracts,  the Farmworkers were to be paid on a piece-rate basis for their labor.  On those occasions when  Defendants paid wages to the Farmworkers, the payments, as reflected on Farmworkers’ wage  statements, were at piece-rates lower than those set out in the Farmworkers’ employment  contracts.     73.  The Farmworkers’ individual weekly piece-rate earnings frequently totaled less than the  $13.42 AEWR for Missouri.  At times, these piece-rate earnings were less than the amount due  under the minimum hourly wage provisions of the FLSA, 29 U.S.C. §206(a).  On such  occasions, Defendants were required to supplement the Farmworkers’ individual piece-rate  earnings so that they at least equaled the mandatory wage rates.  29 C.F.R. §776.5; 20 C.F.R.  §655.122(l)(2).  Defendants failed to supplement the Farmworkers’ individual piece-rate  earnings from their work in the Missouri watermelon harvest so as to ensure that that these  weekly earnings equaled or exceeded the applicable AEWR, as required by the contract and 20  C.F.R. § 655.122(l)(2).  As a result, the Farmworkers were paid wages less than the applicable  AEWR and, on occasion, less than the FLSA minimum wage for their work for Defendants in  the Missouri watermelon harvest.   75.  Defendants failed to maintain payroll records accurately recording the compensable hours  worked by the Farmworkers in the southeastern Missouri watermelon harvest in violation of 20  C.F.R. § 655.122(j).  Among other things, Defendants chronically underreported the number of  hours worked by the Farmworkers.  The hours and earning statements Defendants provided to  the Farmworkers were based on the same inaccurate data as contained in the payroll records, and  similarly underreported the number of hours worked.   76.  The Farmworkers’ southeastern Missouri employment with Defendants’ crew ended in  August 2018, well before the October 20 end date set out in their employment contracts.  As a  result, the Farmworkers were not offered employment for at least three-fourths of the workdays  covered by the contracts.  Sabino Campuzano-Dominga and Bernardo Santiago-Zaragoza  worked for Defendants through the conclusion of the 2018 southeastern Missouri watermelon  harvest, on or about August 22, 2018.  Nevertheless, Defendants failed to pay them the amount  due under the three-quarters guarantee contained in their employment contracts and set out at 20  C.F.R. § 655.122(i).   77.    Defendants failed to reimburse Sabino Campuzano-Dominga and Bernardo Santiago- Zaragoza for the full amount of the travel and subsistence expenses they incurred traveling from  Missouri back to their respective homes in Mexico following the conclusion of the 2018  Missouri watermelon harvest, as required by these workers’ employment contracts and 20 C.F.R.  § 655.122(h)(2).   79.  To meet the manpower requirements for their North Carolina apple and hemp harvest  jobs described in the temporary labor certification applications referenced in Paragraph 18,  Defendants recruited and hired workers both from their Missouri watermelon harvest crew and  from Mexico.  As the southeastern Missouri watermelon harvest was finishing, in or about the  end of August 2018, Defendants recruited and hired Fidencio Martinez-Gregorio to work with  their crew in the North Carolina apple and hemp harvest under the job terms set out in  Defendants’ temporary labor certification application relating to that work.   80.  Defendants transported Fidencio Martinez-Gregorio from Missouri to Hendersonville,  North Carolina, in a vehicle owned by Defendants.  Upon his arrival in western North Carolina,  Fidencio Martinez-Gregorio was employed harvesting apples and hemp as part of Defendants’  agricultural labor crew pursuant to Defendants’ temporary labor certification application  described in Paragraph 18.  Defendants employed Fidencio Martinez-Gregorio harvesting apples  and hemp in western North Carolina during September and October 2018.  The temporary labor  certification application described in Paragraph 18 and the accompanying clearance order served  as the employment contract between Defendants and Fidencio Martinez-Gregorio with respect to  his North Carolina employment.  20 C.F.R. § 655.122(q).   82.  At no time during the 2018 North Carolina apple and hemp harvest did Defendants have  in effect a liability bond meeting the requirements of 29 C.F.R. § 500.124 which insured either of  them against liability for damage to persons or property arising from the operation of the  vehicles described in Paragraph 81.  Instead, Defendants sought to satisfy the vehicle insurance  requirements through a workers’ compensation insurance policy issued to Harbor America  Florida, a professional employer organization that Defendants hired to provide payroll and other  services with respect to Defendants’ employees.   83.  The workers’ compensation policy maintained by Harbor America Central and referenced  in Paragraph 82 did not cover all travel provided by Defendants to Fidencio Martinez-Gregorio  and the other crew members.  It did not cover travel during periods when the passengers were not  actively engaged in harvesting activities, such as travel to stores and laundromats, or interstate  trips between jobsites in different states.   84.  Defendants failed to maintain payroll records accurately recording the compensable hours  worked by Fidencio Martinez-Gregorio during the 2018 North Carolina apple and hemp harvest.   Defendants chronically underreported the number of hours worked by Fidencio Martinez- Gregorio.  The hours and earning statements Defendants provided to Fidencio Martinez-Gregorio  were based on the same inaccurate data as contained in the payroll records, and similarly  underreported the number of hours worked.   86.  Defendants failed to supplement Fidencio Martinez-Gregorio’s piece-rate earnings from  his work harvesting apples and hemp in North Carolina so as to ensure that his weekly earnings  equaled or exceeded the AEWR, as required by the contract and 20 C.F.R. §655.122(l)(2).  As a  result, Fidencio Martinez-Gregorio was paid wages less than the applicable AEWR of $11.46  and, on occasion, the FLSA minimum wage, for his work harvesting apples and hemp in North  Carolina for Defendants.   87.  Fidencio Martinez-Gregorio worked for Defendants through the conclusion of the 2018  North Carolina apple and hemp harvest, on or about October 23, 2018.  Defendants failed to  reimburse Fidencio Martinez-Gregorio for the full cost of his travel and subsistence expenses  incurred while traveling from North Carolina back to his home in the Mexican state of Puebla  following the conclusion of the 2018 North Carolina apple and hemp harvest, as required by his  employment contract and 20 C.F.R. §655.122(h)(2).   88.  Because Defendants failed to reimburse Fidencio Martinez-Gregorio for the full cost of  his return travel and subsistence expenses following the conclusion of the 2018 North Carolina  apple and hemp harvest, Fidencio Martinez-Gregorio was paid less than the applicable AEWR  and the FLSA minimum wage for his final week of employment with Defendants.  Collective Action Allegations   90.  During the 2018 Missouri watermelon harvest, from June through August 2018,  Defendants employed in excess of 80 different persons, including the Farmworkers.  Defendants  failed to pay the Farmworkers and other similarly situated employees the Fair Labor Standards  Act minimum wage of $7.25 per hour.   91.  As delineated in Count I, these violations of the FLSA’s minimum wage provisions  resulted from Defendants’ failure to supplement the H-2A workers’ piece-rate earnings so that  their respective workweek earnings equaled or exceeded the minimum wage and from  Defendants’ failure to reimburse the H-2A workers during their first week of employment for  pre-employment expenses incurred and facilities primarily benefitting the Defendants, including  the fees and expenses set out in Paragraphs 44, 49, 50, 51 and 73.   93.  This count sets forth a claim by the Farmworkers for Defendants’ violations of the Fair  Labor Standards Act.     94.  Defendants violated the minimum wage provisions of the FLSA, 29 U.S.C. § 206(a), by  failing to pay the Farmworkers at least $7.25 for every compensable hour of labor performed in  each workweek during which they were employed.   95.  The violations of the minimum wage provisions of the FLSA as set out in Paragraph 94  resulted in part from Defendants’ failure to reimburse the Farmworkers during their first  workweek of employment for expenses incurred primarily for the benefit of Defendants, as set  out in Paragraphs 44, 49, 50 and 51.   96.  The violations of the minimum wage provisions of the FLSA as set out in Paragraph 94  resulted in part from Defendants’ failure to reimburse Sabino Campuzano-Dominga, Fidencio  Martinez-Gregorio and Bernardo Santiago-Zaragoza during their final week of employment for  their complete expenses in returning to their homes in Mexico after concluding their employment  with Defendants in Paragraphs 78 and 88.   97.  The violations of the minimum wage provisions of the FLSA as set out in Paragraph 94  resulted in part from Defendants’ failure to credit the Farmworkers with all compensable hours  worked, as described in Paragraphs 39, 40, 73 and 85.   98.  Defendants violated the compensable time provisions of the FLSA, 29 U.S.C. § 203(g),  by failing to pay Farmworkers for all hours the employer suffered or permitted the Farmworkers  to work.   The Federal H-2A Visa Program  