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Ag-gag v. Whistleblowing

On February 8, 2013, Amy Meyer went to the Dale Smith Meatpacking Company in Draper City, Utah to see where her meat comes from. She peeked through the barbed wire fence and saw a sick cow being treated like rubble. She...more

FLSA Protections Apply To Migrant Workers

The United States District Court for the Western District of Michigan recently addressed the legal obligations of farmers who use seasonal migrant workers to harvest their crops. In Perez v. Howes LLC the Honorable Gordon J....more

Migrant Workers Subject To FLSA Protections

In Perez v. Howes LLC the district court was once again faced with addressing the legal obligations of farmers who use seasonal migrant workers to harvest their crops. The Honorable Gordon J. Quist joined the vast majority of...more

Ninth Circuit Upholds Jury Verdict For Employer, Holding That Employee Affirmatively Declined to Take FMLA Leave

In Escriba v. Foster Poultry Farms, the U.S. Court of Appeals for the Ninth Circuit upheld a jury verdict in favor of an employer on an employee’s Family and Medical Leave Act (FMLA) claims. The employer discharged Escriba...more

OSHA Issues New Whistleblower Rule Under Food Safety Modernization Act

The Occupational Safety and Health Administration (OSHA) has published an interim final rule implementing the whistleblower provision of the Food Safety Modernization Act (FSMA or the “Act”). The interim final rule became...more

OSHA Issues New Rule for Food Safety Whistleblowers

Effective Thursday, February 13, 2014, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule governing the agency's future handling of whistleblower complaints under Section 402 of the FDA Food...more

Legislative Update Report - No. 2014-02 - Jan 24, 2014

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Anti-Disclosure Provision In Farm Bill Being Considered

According to the Associated Press, Congress is considering a provision in the farm bill that would prohibit the government from disclosing information about farmers or their employees. The House version of the bill would...more

Alberta Court Imposes Large Fine For Employer In Calf-Roping Case

On October 31, 2013, the Alberta Court of Queen’s Bench released the sentencing decision in R. v. XI Technologies Inc., 2013 ABQB 651. The Court of Queen’s Bench sentenced the employer to a fine of $275,000, inclusive...more

October’s key changes in employment law

Nicholas Jew, a Partner in our Birmingham office comments: One of the less welcome employment law reforms implemented by the Coalition government has been the decision to do away with the practice that new employment law is...more

Immigration Reform Marches On

August has been a busy, productive month for immigration reform advocates. From the 50th anniversary of Dr. King’s historic March on Washington, to Women’s Equality Day in Seattle, to town halls across the country, a broad...more

I’ll go first. The Obama Administration Issues Executive Order on Chemical Safety in the Aftermath of the Tragedy in West, Texas

In the aftermath of the April fertilizer plant explosion in West, Texas, that killed 14 people, the Obama Administration has taken the first steps toward a regulatory response aimed at strengthening the oversight of chemical...more

Legislative Update Report No. 2013-14 -- July 26 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Legislative Update Report No. 2013-13 -- July 12, 2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

How Will the Immigration Reform Proposals Impact Businesses & Employees?

Much of the debate surrounding immigration reform has centered around providing a pathway to Citizenship for the 11 million undocumented people in the country. While a significant part of the legislation is focused on this...more

Health Tax Hammers Small Business

A prominent member of the agriculture community wants to see part of the so-called Obamacare health care reform package thrown out, saying it will cause undue hardship on small business owners, notably farmers....more

Fields of Dreams: Small Agricultural Employers Seem to Think the Law Doesn’t Apply

When I’m not lawyering, I like to spend time around horses. That sometimes means spending time observing the habits of horse barn owners and other operators of small agricultural facilities. ...more

Introduction of A New Agricultural Guestworker Bill

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) introduced on April 26, 2013 the Agricultural Guestworker “AG” Act (H.R. 1773) a bill to provide American farmers with a workable temporary agricultural guestworker...more

H-2B Adjudication Resumed

As previously reported, on March 22, 2013, USCIS temporarily suspended adjudication of most H-2B petitions while the government considered appropriate action in response to the Court Order in Comite de Apoyo a los...more

Comprehensive Immigration Reform Provides Opportunities for President, Republicans, High-Tech Companies, Labor Unions

With the current Congressional focus on discretionary spending and revenue issues surrounding Sequestration, it may seem like little attention can be paid to other policy reforms. In comprehensive immigration reform,...more

IMMIGRATION CLIENT ALERT: Congress Seeks to Reform Agricultural Worker Visas

For nearly two decades, Capitol Hill has debated ways to provide a stable workforce for American farmers through immigration reform. Proposals have largely targeted reforms to the H-2A nonimmigrant visa program, which gives...more

Preparing For Seasonal Agricultural Labor

The U.S. government's expected focus on immigration and employment law enforcement in 2013 will continue to significantly impact agricultural employers. In 2012, the U.S. Immigration and Customs Enforcement, Homeland Security...more

Immigration Alert: Immigration Reform Discussions Underway in Washington

In the weeks since President Obama and the Senate’s bipartisan Gang of Eight both announced their set of principles for comprehensive immigration reform, a heightened debate of how reform will come to fruition has taken hold...more

Immigration Reform: Comparing the Senate Proposal with the White House Proposal

This week, both President Obama and the Senate announced frameworks for comprehensive immigration reform. The following is a comparison of key elements in each of the plans....more

EEOC Joins With Louisiana State and Federal Agencies to Promote Farmworker Job Rights

Agencies to Help Farmers Comply With State and Federal Employment Laws - NEW ORLEANS - The New Orleans Field Office of the U. S. Equal Employment Opportunity Commission (EEOC) will join with two other federal...more

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