Amended complaint in action against Nebraska and Kansas swine operator Livingston Enterprises details exploitation, dangerous working conditions, harassment of workers on visas often held by au pairs, camp counsellors
Three Guatemalans allege they were enticed to the U.S. with false promises of professional development and educational advancement, only to end up doing the hardest and most dangerous labor at an industrial ag facility. Two were fired in what they believe is retaliation. The action claims that Nebraska and Kansas-based Livingston Enterprises violated federal trafficking, racketeering, and civil rights laws, as well as state laws. Defendants in the suit also include individuals behind the deception by Livingston Enterprises and Worldwide Farmers Exchange, the company that recruited the plaintiffs.
In the summer of 2022, the three plaintiffs were presented with what they thought was the opportunity of a lifetime: these recent university students majoring in Agronomy believed they would be able to travel to the United States to participate in a cultural exchange, get training from an agribusiness firm, and substantially advance their professional development and job prospects upon their return to Guatemala.
The plaintiffs used up their savings and borrowed money in order to pursue this opportunity, only for Livingston to put them to work performing unskilled and often dangerous labor for low wages in its confined animal feeding operations. They also were placed in living conditions far inferior to what they were promised, and were told by Livingston that they should not seek treatment for serious injuries.
“My hope in coming to the US on a J-1 visa was to share my culture and learn about US culture. I wanted to improve as a person, as a professional, and economically. I wanted to improve my job prospects and get a certificate to help with that,” said Sergio Escobar Gonzalez, one of the plaintiffs in this action.
“I’m a part of this lawsuit because I want to force companies like Livingston to follow the law, and give people better opportunities to improve themselves economically and professionally, instead of being allowed to use J-1 visas to lie and harm people.”
According to federal law, exchange visitors who come to the United States under the “J-1” visa category may study at colleges and universities, work as au pairs or camp counselors, or pursue internships and specialized training for a specified duration. Within the “trainee/intern” category of exchange visitors, interns are foreign college and university students or recent graduates who come to the U.S. to “gain exposure to U.S. culture” as they experience “U.S. business practices in their chosen occupational field,” through “participation in structured and guided work-based training and internship program.” The program strictly prohibits using J-1 interns to “fill a labor need.”
The suit, pending in the U.S. District Court for the District of Nebraska, targets a practice that has allowed employers like Livingston to exploit the J-1 visa program for profit.
“A labor force that’s inexpensive and afraid is essential to the business model of industrial animal agriculture firms like Livingston,” said Amal Bouhabib, Senior Staff Attorney at FarmSTAND, who represents the plaintiffs in this action. “This suit will establish that deceiving people into this kind of work given the promises inherent in the J-1 visa program is illegal. The goal is to keep others from suffering in the way these three men have.”
In addition to FarmSTAND, the plaintiffs are represented by Legal Aid of Nebraska and Radford Scott LLP.