A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more
4/17/2025
/ Administrative Law Judge (ALJ) ,
Agricultural Workers ,
Article III ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Foreign Nationals ,
Foreign Workers ,
H-2A ,
Hiring & Firing ,
Jury Trial ,
Penalties ,
Seventh Amendment
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
On the heels of the new rule for the H-2A program impacting nonimmigrant agricultural workers that took effect late last year, the Department of Labor recently published a follow-up rule introducing the methodology that...more
Adding to the burden on employers leveraging the H-2 visa, the Department of State just published its own proposed rule outlining that this H-category of visa fees will jump from $190 to $310. This mimics additional burdens...more
A west coast federal appeals court just opened the door for H-2A employers to enforce arbitration agreements in employment disputes even outside the context of a collective bargaining agreement. The Ninth Circuit Court of...more
11/11/2021
/ Agricultural Sector ,
Agricultural Workers ,
Arbitration ,
Arbitration Agreements ,
Economic Duress ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Foreign Workers ,
H-2A ,
Undue Influence Claims ,
Wage and Hour ,
Work Visas