Agricultural Workers

News & Analysis as of

"Employment Flash - February 2016"

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

Department of Labor Announces Broad Interpretation of Joint Employment

The U.S. Department of Labor, Wage & Hour Division (DOL) issued guidance from its administrator in late January, espousing a broad view of joint employment under the Fair Labor Standards Act (FLSA). The guidance, issued in...more

Employers Take Note: Federal Agencies Issue Wage & Hour and Retaliation Guidance

The start of the New Year has brought about a flurry of federal administrative agency activity, including guidance from the Department of Labor (DOL) on the joint employer standard to be used for wage and hour matters, as...more

Who’s The Boss? The Department of Labor’s Effort to Expand Joint Employer Liability Under the FLSA

On January 20, 2016, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division issued an Administrator’s Interpretation (“Interpretation”) significantly expanding the definition of a “joint employer” under the Fair Labor...more

DOL Throws 3rd Fastball in Less than a Year, Seeking to Strikeout Employers by Targeting Joint Employment

Action Item: On January 20, 2016, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued guidance regarding the determination of joint employer status under both the Fair Labor Standards Act (“FLSA”) and...more

DOL Issues Guidance on Joint Employers

The U.S. Department of Labor (DOL) has issued guidance warning employers that ''joint employment'' has become more common in light of the growing variety of business models and labor arrangements in today's economy....more

DOL Issues Interpretation to Expand Joint-Employer Liability

The position could expose more putative employers to potential liability under the Fair Labor Standards Act. In an Administrator’s Interpretation (AI) issued on January 20, the US Department of Labor’s (DOL’s) Wage and...more

DOL Issues Administrator's Interpretation Expanding the Definition of Joint Employment

Under the Obama administration, the U.S. Department of Labor (DOL) has aggressively enforced and interpreted the federal wage and hour laws. Consistent with that approach, on Wednesday January 20, 2016, the Department of...more

USDOL Releases Broad "Joint Employment" Interpretation

The U.S. Labor Department has taken the next step in its nearly-six-year-old "fissured industries" initiative by releasing Administrator Interpretation No. 2016-1, dealing with concepts of "joint employment" under the...more

New Guidance from the DOL Regarding Joint Employment

In an effort to clarify the circumstances that may create a joint-employment relationship, the U.S. Department of Labor issued an Administrator’s Interpretation this week. This Administrator’s Interpretation, which can be...more

DOL Issues Guidance on Joint Employment under FLSA

The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI) establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the...more

The Chill of ICE: Crackdown on Undocumented Workers Can Cost You

Recently, an agricultural company faced more than $100,000 in fines after U.S. Immigration and Customs Enforcement (ICE) auditors identified more than 100 substantive violations – each carrying a $1,100 maximum penalty....more

EPA Launches Pesticide Worker Protection Dashboard

The U.S. Environmental Protection Agency (EPA) recently launched a new Pesticide Worker Protection Dashboard (Dashboard). EPA states this Dashboard is “focused on the universe of agricultural operations regulated and farm...more

Many Michigan Farms Having Difficulty Finding Seasonal Workers

Michigan farms are having trouble finding seasonal workers because migrant workers are becoming more interested in permanent positions. Michigan Farm Bureau has reported that migrant workers fill about 40,000 seasonal jobs on...more

Third Circuit Affirms First-Filed Rule to Nix Toxic Tort Forum Shopping

Chastising the Plaintiffs for forum shopping, the United States Court of Appeals for the Third Circuit upheld a district court’s decision to dismiss a matter with prejudice on the grounds that the Plaintiffs had previously...more

EPA Publishes Worker Protection Standard Final Rule

In a November 2, 2015, Federal Register notice, the U.S. Environmental Protection Agency (EPA) issued the final rule revising the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Worker Protection Standard (WPS). ...more

AgriBiz Alert: OSHA Targets Agribusiness Industry with New Citations

In recent months, the Occupational Safety and Health Administration (OSHA) cited several agribusiness employers for alleged violations of its standards, proposing significant penalties against them....more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

California Governor Signs AB 1513, Severely Limiting Piece-Rate Compensation but Throwing a Liability Life Raft to Employers

On October 10, 2015, Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new...more

Empacadoras de Papas Pagaran $450,000 Para Resolver Demanda de Discriminación por Acoso Sexual y Represalias

Por lo menos 13 Mujeres en la Planta de Monte Vista Fueron Abusadas Física y Verbalmente y Tres Despedidas Por Rechazar Avances o Quejarse, Alega la Agencia Federal - DENVER - Dos empacadoras de papas pagarán $450,000...more

Sixth Circuit Takes the Bait: Worm Farm Employees Fit Under FLSA Agricultural Exemption for Overtime

Providing legal scholars nationwide a unique opportunity to opine on worm-farming, the Sixth Circuit Court of Appeals held on Friday, October 2, that farm workers involved in the growing of bait worms are exempt overtime...more

Sixth Circuit Grants Summary Judgment as to Class, Based on FLSA Agriculture Exemption

Is the saying “fish or cut bait” dead? If you are ever in need of sleep, pull out your copy of the U.S. Code and traipse through the exemptions contained in section 13 of the FLSA, 29 U.S.C. § 213. We’re all familiar with the...more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

Beware State Wage and Hour Laws: Washington Supreme Court Upends Piece Work Calculations

Whenever I discuss federal law here on the blog, I usually add a disclaimer that reminds employers to check state and local laws before proceeding. With the proliferation of minimum wage increases, minding state and local...more

Washington Piece-Rate Workers to Receive Separate Rest Breaks

The expansive interpretation of meal and rest break regulations continues in Washington State, as the state's highest court ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No. 90932-6 (Wash. Sup. Ct. July 16, 2015),...more

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