Agro-Jal Farming Enterprises, Inc. (“Agro-Jal”) is a crop grower involved from the initial planting through the harvesting stage. Agro-Jal employees are all exempt employees, paid a weekly salary. Frank Maldonado (“Maldonado”) has been the president of Agro-Jal for over fifteen years. He started with the company in 1988.
Maldonado is also the president, director, and sole shareholder of Paloma Packing, Inc. (“Paloma”). Paloma harvests the crop once it is ready to be shipped and packed. There is an ongoing dispute as to whether Agro-Jal is a “joint employer” with Paloma. Paloma employees are non-exempt employees who work in harvest related activities, i.e., packers, stackers, and cutters, as well as crew bosses who supervise the harvesting employees. The crew bosses report to Salvador Ponce, a Paloma employee, who in turn reports to Maldonado.
The number of crew bosses who report to Salvador Ponce varies from three to nine, depending on the season. The number of employees in each harves