The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more
7/18/2024
/ Agricultural Sector ,
Agricultural Workers ,
Chevron Deference ,
Government Agencies ,
H-2A ,
Loper Bright Enterprises v Raimondo ,
Regulatory Oversight ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour ,
Workplace Safety
The U.S. Department of Labor just released a final rule that will expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s capabilities to monitor and enforce program compliance. The DOL...more
4/30/2024
/ Agricultural Sector ,
Agricultural Workers ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Final Rules ,
Foreign Workers ,
H-2A ,
Hiring & Firing ,
Temporary Employees ,
Termination for Cause ,
Visa Applications
California employers in the agriculture industry are facing challenges this spring after two major developments last month. First, new rules took effect requiring employers to provide a special written notice to H-2A...more
4/19/2024
/ Agricultural Sector ,
Agricultural Workers ,
California ,
Employer Liability Issues ,
Farm Workers ,
Federal Funding ,
H-2A ,
New Rules ,
Notice Requirements ,
Union Organizers ,
Unions ,
Wage and Hour ,
Wage Theft ,
Written Notice
This detailed set of Frequently Asked Questions, fully updated for 2023, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more
8/28/2023
/ Business Closures ,
Disaster Aid ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Injury ,
Workplace Safety
The National Labor Relations Board (NLRB) just made it easier for labor unions to organize smaller bargaining units known as “micro units” that can include small sub-sets of the overall workforce. The Board’s move, which...more
A new memo from the National Labor Relations Board (NLRB) could pave the way for student-athletes at private universities to unionize, or at least fall within the jurisdiction of the NLRB when engaging in concerted activity....more
10/1/2021
/ Collective Bargaining ,
College Athletes ,
Colleges ,
Employee Definition ,
Misclassification ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Student Athletes ,
Unions ,
Universities ,
Wage and Hour
In an opinion authored by Chief Justice John Roberts, the Supreme Court yesterday issued a ruling that should result in a decrease in union organizing efforts for agricultural workers. In a 6-to-3 ruling in Cedar Point...more
6/24/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
In a groundbreaking decision, a New York state appeals panel just extended union organizing rights to farmworkers, perhaps setting the stage for other states to do the same. While farmworkers have traditionally been exempted...more
5/28/2019
/ Agricultural Sector ,
Agricultural Workers ,
Appeals ,
Collective Bargaining ,
Corporate Counsel ,
Employee Rights ,
Exempt-Employees ,
Farm Workers ,
Labor Relations ,
NLRA ,
State Constitutions ,
Union Organizers ,
Unions
A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more
2/12/2019
/ Agricultural Sector ,
Agricultural Workers ,
Appeals ,
Corrective Actions ,
Employee Benefits ,
Employee Housing ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
H-2A ,
Hiring & Firing ,
Joint Employers ,
Labor Contractor ,
Labor Shortage ,
Motion to Dismiss ,
National Origin Discrimination ,
Race Discrimination ,
Recruitment Policies ,
Remand ,
Reversal ,
Seasonal Employment ,
Seasonal Workers ,
Temporary Employees ,
Terms and Conditions ,
Title VII ,
Traveling Employee ,
Working Conditions
Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more
9/6/2017
/ Banner Health System ,
Bargaining Units ,
Browning-Ferris Industries of California Inc. ,
Civility ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Columbia University ,
Confidentiality Policies ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Email Policies ,
Employee Handbooks ,
Employment Policies ,
Internal Investigations ,
Joint Employers ,
Labor Relations ,
Micro-Unions ,
NLRA ,
NLRB ,
Presidential Appointments ,
Purple Communications ,
Quickie Election Rules ,
Section 7 ,
Specialty Healthcare ,
Student Athletes ,
Temporary Employees ,
Trump Administration ,
Unions
Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore the various risks associated with potential...more
8/4/2017
/ Confidential Information ,
Crisis Management ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
First-Party Coverage ,
Personally Identifiable Information ,
Policy Exclusions ,
Policy Limits ,
Proprietary Information ,
Risk Mitigation ,
Trade Secrets
As reported in the December 9, 2015 Wall Street Journal Law Blog, a recent report by the Association of Corporate Counsel (“ACC”) revealed that the most common reason for a data breach at companies is “employee error.” ...more