With no explanation, chose the best option from "A", "B", "C" or "D". aliens. On the other hand, in recognition that a large segment of the shadow population played a useful and constructive role in the American economy, but continued to reside in perpetual fear, the Reform Act established two broad amnesty programs to allow existing undocumented aliens to emerge from the shadows. McNary v. Haitian Refugee Ctr., Inc., 498 U.S. 479, 481, 111 S.Ct. 888, 112 L.Ed.2d 1005 (1991) (footnotes omitted). 5 . However, whether or not the Defendants have violated the FLSA is a factual issue that is not appropriate for summary judgment. The Court takes the opportunity, though, to note that in light of its conclusion that the FLSA applies in the H-2B context, Aniaga and its progeny of H-2A cases become extremely persuasive precedent. See Arriaga, 305 F.3d at 1242 (<HOLDING>); see also De Luna-Guerrero v. N.C. Grower's

A: holding that travel and visa costs are incurred by guestworkers for the primary benefit and convenience of their employer and thus are not other facilities that can be counted as wage credits pursuant to 29 usc  203m
B: holding that bankruptcy court could not enter judgment for 7402564 under  107a for incurred costs when such costs had not been incurred
C: holding that cleanup costs incurred pursuant to a consent decree were not incurred voluntarily and must be sought through a  113f contribution action
D: holding that because plaintiffs failed to prove that their incurred fuel characterization and loading costs would not have been incurred in the nonbreach world plaintiffs were not entitled to recovery for these costs
A.