Migrant Workers

News & Analysis as of

Department of Labor Guidance on Joint Employment Highlights Risks for Employers

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

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 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

DOL Issues an Administrator's Interpretation Regarding Joint Employment

The U.S. Department of Labor (“DOL”) recently issued an Administrator’s Interpretation (“AI”) regarding joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection...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

Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...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

New "Worker Endangerment Initiative" May Increase Criminal Prosecutions of Workplace Safety Violations

On December 17, 2015, the Department of Labor (DOL) and the Department of Justice (DOJ) announced a plan to increase the frequency and effectiveness of criminal prosecutions of safety and environmental violations affecting...more

Potato Packing Companies to Pay $450,000 to Settle EEOC Suit for Sex Harassment and Retaliation

At Least 13 Women at Monte Vista Plant Physically and Verbally Abused and Three Fired for Refusing to Submit or Complaining, Federal Agency Charged - DENVER - Two potato packing companies will pay $450,000 and furnish...more

Homebuilders Welcome Recent Court Decisions

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

California is Flooding with Water…Issues, Lawsuits, Rules and Legislation

We Californians are well aware of the impact of the four-year drought. We have read about town wells drying up like in East Porterville; we have seen the incredibly scary low water marks in lakes and reservoirs; we have heard...more

DOL Issues New Guidance on Independent Contractors

The misclassification of employees as independent contractors continues to be a hot issue and to receive attention at the state and federal levels. Last week, the U.S. Department of Labor, Wage and Hour Division (“DOL”)...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

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

FOI adjudicator denies access to MOL inspector’s reasons for recommending no OHSA charges against employer

An adjudicator with the office of Ontario’s Information and Privacy Commissioner has denied access to a Ministry of Labour inspector’s reasons for recommending that Occupational Health and Safety Act charges not be laid...more

Proposed Regulations and Guidance Issued for Executive Order on Fair Pay and Safe Workplaces

Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order. On May 28, the Federal Acquisition...more

DOL Presents: The Ghost of Violations Past

On May 28, 2015, the Department of Labor (DOL) issued proposed guidance for President Obama's infamous Executive Order 13673 – "Fair Pay and Safe Workplaces" (the Order). Although the stated purpose of the Order is "to...more

International Migrants Day and Operating with Respect for the Rights of Migrant Workers

December 18 is International Migrants Day. Companies in a wide variety of industry sectors must address the human rights-related risks specific to employing migrant workers. These workers are especially vulnerable to human...more

EEOC and Mexican Ministry of Foreign Affairs Sign National Memorandum of Understanding

Agreement Will Strengthen Collaboration Aimed at Educating Immigrant Workers of Their Rights Under U.S. Anti-Discrimination Laws - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) and the Ministry...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

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

EEOC Releases Strategic Enforcement Plan

The Equal Employment Opportunity Commission ("EEOC" or the "Agency") recently released a draft of its Strategic Enforcement Plan for Fiscal Years 2012 through 2016. The Agency has requested public comment on the Plan, which...more

EEOC Strategic Enforcement Plan

Last month, the Equal Employment Opportunity Commission (“EEOC” or the “Agency”) released a draft of its Strategic Enforcement Plan for Fiscal Years 2012 through 2016. The Agency is seeking public comment on the Plan, which...more

EEOC Delays Release of Strategic Enforcement Plan, Suggesting Revisions to Draft Plan Likely

On September 4, 2012, the EEOC released for comment its draft Strategic Enforcement Plan (SEP). The EEOC invited the public to comment on the SEP by September 18, 2012, with a plan to vote on the draft at the end of September...more

27 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×