News & Analysis as of

Department of Labor (DOL) Seasonal Workers

Jackson Lewis P.C.

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

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Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of...more

Harris Beach PLLC

[Webinar] Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know - August 27th, 9:00 am - 10:30 am EST

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One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky...more

Harris Beach PLLC

The “Modernized” H-2A Program: What Every Agricultural Business Needs to Know for 2025!

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Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more

Harris Beach PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

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The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Guidepost Solutions LLC

H-2B Visa: 3 Must Knows for Employers

Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more

Fisher Phillips

The 7 Most Common Questions Asked by Mississippi Employers Hiring Minors

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With the holiday season coming up, Mississippi employers may be considering hiring minors for seasonal work. However, you must take special care in employing minor workers, as both federal and state laws impose special rules...more

Harris Beach PLLC

Foreign Labor Options: What Every Struggling Seasonal Business Needs to Know about H-2A, H-2B and Green Cards

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It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more

Sherman & Howard L.L.C.

New Guidance Issued on H-2B “Seasonal Worker” Overtime Advertising

Sherman & Howard L.L.C. on

The H-2B work authorization visa for certain foreign workers, usually seasonal, has some new guidance from the U.S. Department of Labor’s Wage and Hour Division. As before, U.S. employers must first have their intended...more

Amundsen Davis LLC

OSHA Releases COVID-19 Vaccination and Testing Rule for Private-Sector Workers

Amundsen Davis LLC on

The United States Department of Labor released a long-awaited Emergency Temporary Standard (“ETS”) for private employers with over 100 employees. The 490 page interim final rule answers a number of questions employers have...more

Foley & Lardner LLP

DOL Finalizes New Rule on Independent Contractor Classification

Foley & Lardner LLP on

Following up on its release of a proposed rule issued in September 2020, the DOL finalized new regulations on classifying independent contractors that it suggests will provide clarity for employers. On January 6, 2021, the...more

Harris Beach PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

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The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Fisher Phillips

Hiring Under-18 Workers This Summer?

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If you plan to employ anyone under 18 years old for the summer, you should be thoroughly familiar with the child-labor limitations prescribed under the federal Fair Labor Standards Act....more

Sherman & Howard L.L.C.

Drivers For All Seasons

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An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce....more

Parker Poe Adams & Bernstein LLP

Seasonal Exemption May Help Some Employers Avoid New Overtime Pay Requirements

The December 1 effective date is rapidly approaching for the Department of Labor’s new white-collar overtime exemption salary levels. Employers struggling with their ability to pay the more than doubled salary minimums are...more

Littler

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

Littler on

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

Seyfarth Shaw LLP

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

McAfee & Taft

Summertime, and the Livin’ is…well, potentially complicated

McAfee & Taft on

Ah…summertime. It’s finally here. The long days, the slower pace. Vacations, hotdogs and hamburgers on the grill, and the ever-present risk of legal exposure. Huh? That’s right, summertime also ushers in different types of...more

Constangy, Brooks, Smith & Prophete, LLP

Help Wanted: Avoiding Inadvertent Participation in Labor Trafficking

Is your company a labor trafficker? Surely not. But if your company employs large numbers of foreign seasonal workers, you could be implicated in trafficking even if you don’t mean to be. Employment of foreign seasonal...more

K&L Gates LLP

Department of Labor Announces Broad Interpretation of Joint Employment

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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

Neal, Gerber & Eisenberg LLP

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

Dechert LLP

Department of Labor Guidance on Joint Employment Highlights Risks for Employers

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In a recent OnPoint, Dechert discussed the National Labor Relations Board’s controversial decision in Browning-Ferris Industries of California, Inc., in which the Board abandoned its long-standing joint employer test in favor...more

Ballard Spahr LLP

DOL Issues Guidance on Joint Employers

Ballard Spahr LLP on

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

Orrick - Employment Law and Litigation

DOL Continues to Push Its Agenda with New Guidance on Joint Employment

Solicitor of Labor Patricia Smith likes to quip that the Department is “working overtime on overtime.” DOL took a break from the much-anticipated overtime regulations and issued new guidance yesterday on the question of who...more

FordHarrison

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

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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

Fisher Phillips

USDOL Releases Broad "Joint Employment" Interpretation

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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

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