Section 49 - United States Employment Service established

2 Citing briefs

  1. Ulloa et al v. Fancy Farms, Inc.

    MOTION for summary judgment and Supporting Memorandum of Law

    Filed May 11, 2017

    Molina submitted the executed ETA-790 for the initial 100 H-2A workers (“Initial Certification Application”) to the State of Florida’s Department of Economic Opportunity, Alien Labor Certification Office in Tallahassee, Florida (“DEO, Foreign Labor Certification”) for its review and approval. The DEO, Foreign Labor Certification approved the executed ETA 790 on July 9, 2013, for the potential employment of 100 H-2A workers at Fancy Farms for the anticipated work period of September 1, 2013 through April 15, 2014, and placed the executed ETA-790 in the Intrastate and Interstate Clearance Systems, per the provisions of the Wagner Peyser Act, 29 U.S.C. §§49 et seq. (“Wagner-Peyser Act”). (D.E. 51-1, Ex.

  2. Llacua et al v. Western Range Association et al

    MOTION to Dismiss Plaintiffs' First Amended Complaint and Memorandum in Support

    Filed November 16, 2015

    32 ¶¶ 219, 220) fails because there is no private right of action under this law. Courts have refused to find that a private right of action exists under the Wagner-Peyser Act, 29 U.S.C. 49 et seq., which provides for the establishment of the United States Employment Service to promote the establishment and maintenance of a national system of public employment offices throughout the United States. The Wagner-Peyser Act is a statute providing a means for exchange of information on employment opportunities and conditions, and nowhere expressly provides for a private cause of action for damages.