UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF GEORGIA
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` CIVIL ACTION NO.
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`Plaintiff,
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`Defendants.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 1 of 36
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`ROGER PARKER, on his own behalf and
`on behalf of all others similarly situated,
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` v.
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`PERDUE FARMS, INC. and PERDUE
`FOODS, LLC,
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`CLASS ACTION COMPLAINT
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`Plaintiff Roger Parker, on behalf of himself and all others similarly situated, brings
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`1.
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`this action against Defendants Perdue Farms, Inc. and Perdue Foods, LLC (collectively, “Perdue”)
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`for damages and other appropriate relief related to their misclassification of Parker as an
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`“independent contractor.” Despite inducing chicken farmers (known in the industry as “growers”)
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`to contract to raise chickens with Perdue through promises of independence, Perdue treated Parker
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`and all of its growers as controlled employees under both federal and Georgia law. As an
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`employee, Parker was entitled to various federal and state wages, benefits, and other payments that
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`Perdue did not provide, even though Perdue knew that Parker should have been classified as an
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`employee based on the level of control Perdue exercised over Parker’s chicken growing operation.
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`Perdue treats all of its growers across the country in the same fashion, using the same restrictive
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`contracts and guidelines with all of them to dictate nearly every aspect of how they run their farms.
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`2.
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`Through this and other conduct described herein, Perdue violated various state and
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`federal laws regarding the wages and benefits that it was obligated to offer its growers as
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 2 of 36
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`employees, and also defrauded its growers, breached the contracts it entered into with its growers,
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`and unjustly enriched itself at its growers’ expense.
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`3.
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`Perdue also terminated Parker’s grower contract due to Parker contacting the U.S.
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`Department of Agriculture (“USDA”) about a potential violation by Perdue of the Packers &
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`Stockyards Act (“PSA”). After Perdue became aware that Parker had contacted the USDA, his
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`Perdue supervisor told him he should not have talked to the government and made clear that Perdue
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`was angry with him for having done so. Perdue subsequently retaliated against Parker by, among
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`other things, denying routine lines of credit while requiring him to make expensive and
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`burdensome upgrades to his farm and, ultimately, terminating his contract by refusing to deliver
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`him flocks. Because these actions were taken not because of Parker’s performance as a grower
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`but because he reported a potential violation of law to the appropriate authorities, Perdue’s
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`retaliation against Parker violated the PSA’s prohibition against unfair, discriminatory, and unduly
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`prejudicial treatment of farmers. Thus, Parker brings a claim under the PSA on behalf of himself
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`for this wrongful conduct.
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`PARTIES
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`4.
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`Plaintiff Roger Parker is a resident of Abbeville, South Carolina who worked under
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`contract as a grower for Defendants Perdue Farms, Inc. and Perdue Foods, LLC in Milledgeville,
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`Georgia.
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`5.
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`Defendant Perdue Farms, Inc. is a Delaware corporation with its principal place of
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`business in Salisbury, Maryland.
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`6.
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`Defendant Perdue Foods, LLC is a limited liability company with its principal place
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`of business in Salisbury, Maryland. Perdue Foods, LLC is a wholly owned subsidiary of Perdue
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`Farms, Inc.
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`2
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 3 of 36
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`JURISDICTION AND VENUE
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`7.
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`This Court has subject matter jurisdiction over Plaintiff’s federal claims pursuant
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`to 28 U.S.C. § 1331 because Plaintiff’s federal wage claims and PSA claim arise under federal
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`law. The Court has supplemental jurisdiction over Parker’s state-law claims under 28 U.S.C.
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`§ 1367, because they arise out of the same transactions and occurrences as Parker’s federal claims.
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`8.
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`Moreover, the Court has jurisdiction over this class action under 28 U.S.C.
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`§ 1332(d) (the Class Action Fairness Act), because the amount in controversy is greater than
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`$5,000,000, and some members of the class (including Parker) are citizens of a different state than
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`Perdue.
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`9.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) and (c),
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`because Defendants transact business in, are found in, and/or have agents in this judicial district,
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`and because some of the actions giving rise to this Complaint took place within this district.
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`10.
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`The Court has personal jurisdiction over both Perdue entities. Defendants have
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`transacted business and maintained substantial contacts in this judicial district, and much of the
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`conduct underlying this controversy took place in this jurisdiction.
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`FACTUAL BACKGROUND
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`11.
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`“Broilers” are chickens raised for meat consumption. Modern broilers are generally
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`slaughtered when they are about six weeks old.
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`12.
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`After the 1950s, the U.S. broiler industry began to shift away from individual
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`farmers raising chickens and selling them to live poultry dealers or poultry processors. Between
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`1950 and 1960, the percentage of independent poultry farmers relative to contract farmers (farmers
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`under exclusive contracts with a single chicken processing company) dropped from 95% to 5%.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 4 of 36
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`During this time, large companies known as “integrators” began to combine the various stages of
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`production, a process known as vertical integration.
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`13.
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`Several decades ago, these contract growers were actually independent—they
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`relied on their skills and knowledge to grow the most high-quality birds they could while managing
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`their own input costs and growing conditions. When they delivered a premium product to the
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`poultry processor they were rewarded with higher prices or bonuses. In sum, growers were fairly
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`compensated for the skill, expertise, and labor they provided. Today, growers working for Perdue
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`have a very different relationship.
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`14.
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`Perdue is the third largest broiler chicken company in the country. Perdue is highly
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`vertically integrated, with its employees overseeing almost every aspect of the process. As
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`discussed further below, this includes, among other things, growing the chicken feed, hatching the
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`chicks, veterinary care, transportation, slaughtering, marketing, and selling of the final product.
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`15. While Perdue now directly owns almost all of its broiler supply chain, it has
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`generally not purchased the farms where its chicks are raised to full weight. Instead, Perdue
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`outsources the process of raising birds to broiler growers that Perdue calls “independent
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`farmers”¾but in truth, the growers are anything but independent.
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`16.
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`Perdue’s growers raise chickens that Perdue owns from shortly after hatching for
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`about six weeks until they are large enough to slaughter. Perdue recruits growers by promising
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`them independence and financial success.
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` In recruitment materials, Perdue promises
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`“independence” and claims: “As a poultry farm owner, you’ll never punch a time clock, and you’ll
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`have the satisfaction of leading your own business[.]”
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`17.
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`But Perdue refuses to grant growers the independence they were promised or the
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`compensation they are entitled to.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 5 of 36
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`18.
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`In reality, Perdue controls virtually every aspect of growers’ operations. There is
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`no “independence” for growers under contract with Perdue, despite the growers shouldering most
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`of the financial risk—including the large investment necessary to build barns (to Perdue’s
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`specifications), and the risk of loss if a flock is lost due to a power outage or disease. Indeed, this
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`financial risk—and Perdue’s unwillingness to compensate growers with the wages and benefits to
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`which employees are entitled—is why Perdue falsely classifies its growers as “independent.” In
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`reality, however, Perdue’s growers are employees entirely under the control of Perdue. Perdue
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`knows the level of control it exercises over growers entitles them to treatment under the law as
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`employees, but it does not treat them as such in order to boost its profits.
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`19.
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`Perdue requires growers to work exclusively for Perdue. After the contract is
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`signed, Perdue uses onerous guidelines to take this exclusivity to extreme lengths: for example,
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`preventing growers and their “family members” from even visiting a farm associated with a
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`different integrator.
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`20.
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`By misclassifying growers, Perdue offloads enormous capital costs and financial
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`risks onto them. Instead of being responsible for the cost of constructing chicken houses,
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`upgrading equipment, managing waste, and potentially losing chickens to natural disasters or other
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`unexpected circumstances, Perdue forces growers to bear these costs by deceptively classifying
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`growers as independent contractors while meticulously controlling virtually every moment and
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`every aspect of their work.
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`21.
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`Indeed, this offloading of the responsibility to incur financial liabilities and large,
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`ongoing debt payments is not only a primary financial reason Perdue misclassifies its growers as
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`“independent contractors”—Perdue also uses the investments it repeatedly obligates its growers to
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`make to trap growers into continuing to work for Perdue even after they discover that they were
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 6 of 36
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`not given the independence they were promised. Having taken on large loans to pay for facilities
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`and upgrades¾and then being required to take on even more debt for further upgrades and
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`equipment¾growers have no meaningful choice but to continue growing for Perdue as long as
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`Perdue permits them to.
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`22.
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`Put differently, Perdue has devised a scheme to saddle growers with risk and debt,
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`while at the same time directing and controlling every aspect of the chicken growing process and
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`refusing to compensate growers in the manner that federal law requires.
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`23.
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`Growers are a key part of Perdue’s chicken business; without growers, Perdue’s
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`chicken business would not be able to function.
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`24.
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`To begin working as a grower, farmers like Parker must make large investments in
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`barns and equipment, and then ultimately must make upgrades. A farmer must build “grow out”
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`houses that will hold thousands of chickens. These houses are expensive to construct and maintain,
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`often requiring growers to take out large loans to finance them.
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`25.
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`Perdue requires growers to build houses for the chickens to precise specifications
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`dictated by Perdue. After the houses are built, Perdue forces growers to pay for costly, highly
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`specific facility or equipment changes. Perdue threatens to sever grower contracts—which
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`growers rely on to repay their significant loans—if a grower does not make the costly changes to
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`Perdue’s exact specifications. And whenever Perdue decides, those specifications change over
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`time, requiring growers to make even more significant payments and often go further into debt.
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`26.
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`Perdue growers are not required to have experience as chicken growers when they
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`enter into their first contract with Perdue. Perdue trains growers and monitors whether growers
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`are following Perdue’s guidelines.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 7 of 36
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`27.
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`Perdue uses a form contract with its growers (“Poultry Producer Agreement”)
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`nationwide. The contract is not negotiated between Perdue and each grower, as would be expected
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`in a business-to-business relationship. Instead, every grower must sign the same contract.
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`28.
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`The Poultry Producer Agreement attempts to assert that growers (referred to in the
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`Agreement as “producers”) are independent contractors, not employees. The Agreement states
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`that it is “a service contract and not a contract of employment and PERDUE and PRODUCER are
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`each independent contractors.”
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`29.
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`The Poultry Producer Agreement states that growers will perform work “using the
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`skills, knowledge, and discretion” that each grower “possesses.” This is false, as becomes clear
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`well after a grower signs the Poultry Producer Agreement.
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`30.
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`The Poultry Producer Agreement requires that growers “comply with any bio-
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`security policies, audits, measures or guidelines required by PERDUE.” But, notably, those
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`Perdue “guidelines” and “biosecurity policies” are not provided until after a grower signs their
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`contract with Perdue. In this way, Perdue entices growers with marketing materials and
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`contractual language that promises them independence while knowing that Perdue will
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`subsequently control every material aspect of these growers’ work.
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`31.
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`The reason Perdue would like to classify growers as independent contractors and
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`not employees is plain: money. Employees, unlike independent contractors, are entitled to prompt
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`payment of certain financial benefits, such as a minimum wage. Employees are also entitled to
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`compensation for costs and expenses their employers require them to undertake as part of their
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`employment.
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`32. While controlling the method, manner, and timing of growers’ work, Perdue
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`simultaneously forces growers to bear economic risks that are the result of Perdue’s decisions.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 8 of 36
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`Perdue controls all the inputs that contribute substantially to the size of the chickens (the type and
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`quantity of feed, the breed and size of the chicks delivered and picked up, the temperature,
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`medications, and the method and manner of raising chickens). But if those inputs controlled by
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`Perdue result in smaller chickens, Perdue reduces growers’ pay.
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`33.
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`Growers are often unable to make enough money for basic living expenses under
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`the compensation scheme that Perdue has designed, indicating that Perdue’s growers are often paid
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`less than the minimum wage for their time worked.
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`34.
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`Rather than properly pay its growers, Perdue wants to have its cake and eat it too:
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`have growers that function as controlled employees but compensate them as if they are
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`independent contractors and force them to bear financial burdens that employees should not have
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`to bear.
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`35.
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`Parker’s experience is emblematic of Perdue growers. Parker’s contract from
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`Georgia is materially identical to a contract that Perdue used in North Carolina and South Carolina
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`in 2016, but for a single provision in the latter restricting photography on the farm. On information
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`and belief, Perdue has used and continues to use a uniform contract nationwide with all of its
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`growers.
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`36.
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`Perdue assigns a supervisor to each grower. These supervisors are misleadingly
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`called “Flock Advisors,” rather than what they actually are: managers. In fact, Parker’s supervisor
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`states in his online resume that his title is “Grower Manager” – a much more accurate job title
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`description than the one Perdue strategically has used in public-facing communications.1
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`1 As discussed below, Perdue uses multiple titles for this position. Whatever title Perdue
`creates, these individuals act at all times as the manager of the individual growers under their
`supervision wherever they are located.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 9 of 36
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`37.
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`These supervisors visit farms with chickens at least weekly to ensure growers are
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`complying with Perdue’s requirements. During these visits, the supervisor conducts an inspection
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`and assigns tasks to the Perdue grower they manage.
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`38.
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`In an attempt to obfuscate the level of control the Poultry Producer Agreement gives
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`Perdue over growers, Perdue hides many of its requirements in other guidelines¾guidelines that
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`are not provided to growers until after they sign the Poultry Producer Agreement. Perdue requires
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`that growers “adhere to the PERDUE Poultry Welfare and Bio-Security Programs.” It further
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`contractually requires that growers “comply with any bio-security policies, audits, measures, or
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`guidelines required by PERDUE.” Perdue’s supervisors evaluate and grade growers’ compliance
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`with the company’s bio-security guidelines.
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`39.
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`The written guidelines issued to growers are incredibly detailed. Compliance with
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`the guidelines requires following Perdue’s directions about every aspect of the growing operation.
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`And the Poultry Production Agreement states that “[i]n the event the grower is not fulfilling his/her
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`obligations then this agreement may be terminated.”
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`I.
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`Perdue’s Right to Control
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`40.
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`Perdue exercised its right to control every aspect of the time, method, and manner
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`of Parker’s work, whose experience is typical of other Perdue growers. Using broad language and
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`terms that are not defined for the grower, Perdue lays the groundwork for its scheme in the Poultry
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`Producer Agreement:
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`PRODUCER AGREES: To accept the birds when consigned and to raise
`the birds until removed at PERDUE’s direction from the PRODUCER’s
`farm…To comply with any bio-security policies, audits, measures or
`guidelines required by PERDUE…To provide care for the health and
`welfare of the flock in accordance with and adhere to the PERDUE Poultry
`Welfare and Bio-Security Program… PERDUE may enter upon the
`premises of the PRODUCER where the flock is or shall be located to inspect
`the flock or facilities. If PRODUCER is not satisfactorily performing
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 10 of 36
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`PRODUCER’S obligation under the Agreement to care for, treat and
`maintain the flock.... PERDUE shall be fully authorized, without prejudice
`to any and all other legal rights and remedies it may have, to enter upon the
`premises of the PRODUCER where the flock is located, either to feed and
`care for the flock on PRODUCER’s premises or to take immediate
`possession and to remove or dispose of said flock in such manner as
`PERDUE may see fit.
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`After contract signing, Perdue then exercises control at a level that could never be
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`41.
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`anticipated by the contract, both through the use of “guidelines” that are not disclosed at the time
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`of signing and through the use of managers, whose power over growers could not be anticipated
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`by any reading of the Poultry Producer Agreement. Perdue’s actual control over the methods,
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`manner, and timing of growers’ work is detailed below.
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`a. Methods
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`42.
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`Perdue controls the methods used to raise chickens. Despite promises of
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`independence in the Poultry Producer Agreement and marketing materials, Perdue controls the use
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`of specific methods for raising chickens down to extreme levels of detail. It does this primarily
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`through two mediums: extensive guidelines that are provided after contract signing and the Perdue
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`managers who are assigned to growers after contract signing.
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`43.
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`On a day-to-day basis, Perdue exercises control over methods through each
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`grower’s manager. While the Perdue Poultry Producer Agreement misleadingly defines these
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`supervisors as “Advisors,” it becomes clear well after contract signing that it is not optional to
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`accept their advice. These supervisors oversee, discipline, train, and manage growers like Parker.
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`As noted above, supervisors are referred to as “Flock Advisors,” but can also be called “Growout
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`Managers,” “Live Production Managers,” or other similar terms. Perdue requires growers to report
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`any issues with chickens to their supervisor within 24 hours and requires growers to produce
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`records to their supervisor on demand.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 11 of 36
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`44.
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`According to recent job listings in at least four states, a Perdue Flock Advisor
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`“Works directly with assigned contract producers to improve company profitability and
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`competitive position by implementing production programs and documenting producer
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`compliance at each visit to the farm.” Another job listing explains: “The purpose of a Flock
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`Advisor is to protect the Perdue Farms, Inc. brand name. Improve company profitability by serving
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`as a representative overseeing the people, poultry and daily operations on his/her route” (emphasis
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`added.)
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`45.
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`A recent job listing by Perdue in Georgia for a “Growout Manager” provides even
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`more detail:
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`[A Growout Manager] Provides leadership, training and coaching to
`associates, as well as producers to ensure all company policies and
`programs are being met… Drives program compliance and competitive
`farm performance. In farm management, meets all facility operational plans
`to ensure scheduling of placements, harvest, health checks and accurate
`weight projections for bird movements. Reports on progress to include
`physical farm improvements, performance metrics and safety. As a Housing
`Manager, works with new prospects and existing growers to add the square
`footage needed to meet the needs of the complex. Manages the average
`service cost of the complex to not exceed the current average by
`strategically locating new farms as close as possible to the plant locations.
`Facilitates the construction of square footage by evaluating new sites,
`introducing prospects t[o] lenders, working with builders and equipment
`companies to provide quotes to prospects, arranging grading bids and
`manages the scheduling of contractors to attain the most equate footage in
`the least amount of time. Develops new grading contractors, builders,
`equipment vendors and electricians to facilitate the additional expansion.
`Works with lenders, zoning, university staff and extension to help facilitate
`the expansion project.
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`Another recent job listing by Perdue for a “Housing Manager” in Indiana explains
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`46.
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`that in addition to working “directly with assigned contract producers to… implement[] production
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`programs and document[] producer compliance at each visit to the farm,” this position is heavily
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`involved in overseeing growers’ construction projects:
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 12 of 36
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`[A Housing Manager] acts as general contractor for new construction and
`renovation of existing structures. Monitors the day to day work of the
`contracted construction crews. Coordinates with the producers, vendors and
`subcontractors. Works with perspective [sic] farmers laying out the
`construction of new poultry houses and the renovation of aging houses
`ensuring that the environment provided to the flocks meets the requirements
`of the operation. Purchases an[d] transports local materials and equipment
`to the job sites. Provides estimates of the remodeled construction cost of
`existing poultry facilities.
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`In addition to the day-to-day management by its supervisors, the other primary way
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`47.
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`that Perdue controls the methods of growers’ work is through written guidelines disclosed after a
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`grower signs a contract. The guidelines give Perdue wide-ranging, constant, and nearly unfettered
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`control over virtually every aspect of its growers’ work. Compliance with these guidelines is
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`mandated by the Poultry Producer Agreement even though growers are not provided with the
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`guidelines prior to signing.
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`48.
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`These guidelines are incredibly detailed and conveyed in written and verbal
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`communication from Perdue. For example, Perdue issues temperature guidelines that provide the
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`exact degree temperature at which the grow out houses should be kept. This requirement changes
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`throughout the day and requires specific humidity levels and ammonia levels. Perdue further
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`requires specific methods of operating fans and ventilation. Perdue requires specific heights for
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`water drinkers and specific hours for operation of lighting. Indeed, Perdue even requires grass
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`outside of chicken houses to be cut on a schedule controlled by Perdue’s delivery of chicks and
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`Perdue’s supervisors.
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`49.
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`Perdue’s guidelines require use of both specific methods for euthanizing chickens
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`and specific timelines for identifying and removing dead chickens.
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`50.
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`Perdue’s contract also requires growers to comply with Perdue’s “Poultry Welfare
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`and Bio-Security Programs” which contain detailed requirements on housing and feeding
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`12
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 13 of 36
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`chickens, including on issues not clearly related to animal welfare or bio-security. (Again, these
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`guidelines are not provided to growers before signing the contract.) For example, growers are
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`banned from visiting other farms, banned from allowing “unauthorized” visitors on their land (but
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`must permit Perdue supervisors on their land), and required to post Perdue’s biosecurity signs on
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`their farm.
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`51.
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`Perdue required Parker to report “within 24 hours” to his supervisor “if any birds,
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`for any reason, do not develop normally…” Each flock includes thousands of birds. Therefore,
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`on information and belief, this extraordinarily broad requirement is often practically impossible to
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`comply with and serves as both a method of controlling growers like Parker and as a pretext for
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`termination.
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`52.
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`Even after it picks up its chickens, Perdue mandates that growers adhere to
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`guidelines for cleaning, maintenance, and preparation for a future delivery of chickens.
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`53.
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`Per the Poultry Producer Agreement, growers “can be immediately terminated by
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`PERDUE” for failure of “proper house management or care.” On information and belief,
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`determination of “proper house management or care” is entirely at Perdue’s discretion and can be
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`used to terminate growers for almost any reason, which is not disclosed to growers at contract
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`signing.
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`54.
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`Despite the promises made in the Poultry Producer Agreement, growers are not
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`permitted to use their own “skills, knowledge, and discretion” to implement methods that would
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`improve the growth of the chickens. For example, lighting changes that Parker believed would
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`improve the growth and welfare of the chickens were barred by Perdue’s guidelines.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 14 of 36
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`b. Manner
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`55.
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`Perdue controls the manner of raising chickens too. Most obviously it does this by
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`controlling all the inputs used to raise chickens, including the chicks themselves. Perdue requires
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`the use of specific feed, medication, vaccinations, and “other supplies”¾all of which are provided
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`by Perdue and which growers cannot substitute for inputs of their own choosing. Perdue dictated
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`that Parker only use approved specific types of feed and medication, and Parker “[could] be
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`immediately terminated” by Perdue for using unapproved feed or medication.
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`56.
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`According to the Perdue Poultry Producer Agreement, “PERDUE will determine
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`in its sole and absolute discretion: a. the breed of chickens PRODUCER will receive; b. the number
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`and density of chickens in each flock delivered to PRODUCER’s farm; c. the size, weight and age
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`of the chicken to be produced; d. the time for processing each flock; and e. the date, time and
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`estimated interval of placement for future flocks.” As discussed further below, Perdue’s sole and
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`absolute control of the type, timing, and health of chickens is not only a clear manifestation of its
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`right to control Parker and other growers but also has significant impact on the compensation of
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`growers.
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`57.
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`Parker, like all Perdue growers, had to use feed provided by Perdue. The Poultry
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`Producer Agreement states that growers must “adhere to the instructions provided by PERDUE
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`regarding feed and water withdrawal times prior to the catching of the flock.” Again, growers
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`learned how much control that provision gave Perdue only after signing their contracts. Growers
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`have no control over the timing of feed deliveries, which can and often do happen in the middle of
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`the night. Growers must be present at the time of the deliveries and have no right to refuse delivery
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`of feed or to reschedule deliveries. Perdue also controls the type of feed growers receive, including
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`its nutritional content and which type of feed should be used at different points of the growth cycle.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 15 of 36
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`58.
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`As is typical for Perdue growers, Perdue controlled the type of materials Parker was
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`allowed to use, down to the type of cleaning supplies, and insisted that use of any chemicals “in
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`or around” barns be approved in writing by Perdue. According to the Poultry Producer Agreement,
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`“PRODUCER shall not administer or allow to be administered any substance to the flock,
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`including, without limitation, use of any medication, vitamins, minerals, vaccines, disinfectant,
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`insecticide, pesticide, rodenticide, fungicide, herbicide or other chemicals in or around the poultry
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`houses unless authorized and instructed to do so in writing by PERDUE.”
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`59.
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`For example, Perdue’s written instructions to Parker in late September 2019
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`included specific brands of drinkers to install along with down-to-the-inch requirements on the
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`spacing of water nipples. Similarly, in May 2019, a Perdue supervisor wrote an email to Parker
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`after a visit to his farm with a litany of changes Perdue required him to make on issues as specific
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`as the number of fans, the height of water lines, and location of feeders.
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`60.
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`Perdue requires growers to pay for expensive changes to their chicken houses to
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`comply with Perdue-specific specifications on equipment and facilities. This includes mandating
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`specific models or brands of equipment to be used. Forcing growers to work inside facilities that
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`are effectively designed for Perdue is another way that Perdue controls the methods and manner
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`of growers’ work.
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`61.
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`These changes usually require growers to take out large loans. These loans further
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`tie the growers to Perdue because a continuing contract is often a requirement of the loan and
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`because of the close relationship between Perdue and banks that lend to its growers. For example,
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`Perdue automatically deducted payments from Parker’s compensation to pay the bank on his
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`behalf, despite Perdue ostensibly not being a party to the loan.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 16 of 36
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`62. When events outside of a grower’s control (like extreme weather) impact a farm,
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`Perdue exercises control over the response to those events. For example, Perdue dictated to Parker
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`that a barn damaged by extreme weather must be demolished instead of repaired and Perdue
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`insisted that a bulldozer level the barn and crush the live chickens inside over Parker’s objections.
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`63.
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`Perdue even retains the authority to take over a grower’s farm at Perdue’s
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`discretion. Growers are required to assume the cost of Perdue taking over their own farm. Even
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`without invoking that authority, Perdue and Perdue’s designated supervisors acted as though they
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`were entitled to exercise broad control over Parker’s farm. For example, after an unannounced
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`visit to his farm in 2019, Parker’s supervisor from Perdue wrote an email to Parker with a detailed
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`list of eleven changes that needed to be made.
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`c. Time
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`64.
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`Perdue controls the schedule of its growers’ work at every phase of the chicken
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`growing process.
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`65.
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`First, Perdue controls the timing for delivery of chicks. Perdue insists growers have
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`to be available to accept birds “when consigned” and have to “be present or represented when birds
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`are delivered and during the catching and movement of each flock.” While not detailed in the
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`contract, supervisors make clear to growers that having feed, water, heat, and ventilation to
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`Perdue’s specific specifications at the time of placement of chicks is mandatory. In its guidelines,
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`provided after contract signing, Perdue details an extensive list of requirements to be completed
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`on a specific schedule before chick placement (the timing of which is determined by Perdue). For
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`example, temperature monitoring requirements begin “48 hours prior to” Perdue’s arrival and air
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`measurements must be done at a specific time.
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`Case 5:22-cv-00268-TES Document 1 Filed 07/22/22 Page 17 of 36
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`66.
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`Second, Perdue controls the timing o