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DC Circuit Finds OSHA “Interpretation” Narrowing Retail Exemption Under the Process Safety Management Standard Really a...

Seyfarth Synopsis: In a challenge brought by trade associations for the farm supply and fertilizer industries, the D.C. Circuit vacates OSHA memorandum narrowing the retail exemption from the PSM standard. The U.S....more

That’s Tainted! What Employers Should Know About OSHA’s Enforcement of the Food Safety Modernization Act

Lost in all the landscape-altering changes made by OSHA during the last 18 months was its adoption of enforcement procedures for handling retaliation claims under the FDA’s Food Safety Modernization Act (“FSMA”). Employers...more

Another Statute With Broad Whistleblower Protections - The FDA's Food Safety Modernization Act (FSMA)

In April, the U.S. Occupational Safety and Health Administration (OSHA) issued its final rule governing unlawful retaliation against workers who complain about or disclose food safety concerns to their employer or to OSHA....more

2016-17 New York State Budget

On April 13, 2016, Governor Andrew M. Cuomo signed the 2016-17 New York State Budget into law. We summarize the highlights of the revenue provisions below. Personal Income/Estate Taxes Personal Income Tax rates are scheduled...more

Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

Department of Labor Issues Guidance on Joint Employment Under the FLSA and the MSPA

The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more

Business, Labor, Manufacturing, And Agriculture Representatives Provide ITC With Different Perspectives On Likely Impact Of The...

During January 13-15, 2016, the U.S. International Trade Commission (“ITC”) held hearings concerning the likely impact of the Trans-Pacific Partnership Agreement (“TPP”) on the U.S. economy. Witnesses from a variety of...more

August 2015 Immigration Alert

I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC - On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more

Unpaid Wage Claims for Pre- and/or Post-Work Activities: Leaving America's Heartland and Coming to a Corporate Environment Near...

It is nothing new for farms and manufacturing plants to find themselves subject to collective and/or class action lawsuits by employees claiming they should have been paid for time spent "donning and doffing" work clothes and...more

Keep Your Hands Off the Customers … and the Cows

A federal district court in Washington has confirmed that an employer’s relationship with the cows that its employees serviced is insufficient to establish a legitimate protectable interest to enforce a non-compete....more

California Legislative Update: September 2014

In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On...more

ArbitrationNation’s Third Anniversary Threesome

After 155 posts, can there possibly be more to say? Yes, indeed. Three new opinions from federal courts of appeals demonstrate how new issues keep “cropping” up in arbitration law each week....more

U.S. Labor Law and Child Labor in Corporate Supply Chains

Human Rights Watch‘s recent report, Tobacco’s Hidden Children – Hazardous Child Labor in United States Tobacco Farming, seeks to draw attention to the presence of child labor on American tobacco farms and to the significant...more

“An Intentionally Tough Law”: Employment Rights Lost by “Responsibly Connected” Individuals When Their PACA-Licensed Companies...

The Perishable Agricultural Commodities Act of 1930 (“PACA”)1 is deservedly renowned for its provisions creating a statutory trust on sold perishable commodities, and the products and revenues thereof. See 7 U.S.C. §499e. The...more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: Avoiding hidden liabilities with employee housing...

Farms and ranches of various sizes often provide their employees with some form of housing in addition to the wages they are paid. Little thought typically goes into the legal status of the housing arrangement. This is...more

The ERISA Litigation Newsletter - July 2012

In This Issue: - Editor's Overview - PPACA Victory Sets The Stage For New Wave of Litigation - Treatment of Deferred Compensation Arrangements as ERISA Plans…Or Not - Rulings, Filings, and Settlements of...more

McAfee & Taft: AgLINC: Agriculture & Equine Industry Legal Information News & Commentary - March 2010

Inside This Issue: 2 Landowner considerations when negotiating wind energy leases 3 Avoiding pitfalls associated with crop insurance 3 DOL issues rule change for workers on farms 4 Do you need to update your estate...more

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