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Labor & Employment Agriculture

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Eligibility of Foreign Nationals to be a Borrower under the FCA

by Nexsen Pruet, PLLC on

Eligibility of Foreign Nationals to be a Borrower under the FCA - Since 1976, FCA regulations have allowed certain foreign nationals to be a borrower. These foreign nationals generally fall into two classes: Lawful...more

Employers, Take Notice: New Employment Laws May Affect Your Business

by Buchalter on

Year after year, the California Legislature and the Governor implement new employment laws that place additional requirements on employers throughout the state. The employment laws that become effective on January 1, 2018...more

Farm Workers Union Challenges New North Carolina Law

by Nexsen Pruet, PLLC on

This summer, the NC Legislature passed the North Carolina Farm Act of 2017 (“Farm Act”). The law amended an existing statute by countering indirect unionization tactics and protecting farmers against having to collect union...more

Proposed Guest Worker Visa Could Expand Access to Permanent Foreign Employees for Agriculture Companies

On October 25th, the House Judiciary Committee passed, by the narrow margin of 17-16, proposed bill H.R. 4092, the Agricultural Guestworker Act, which would implement a new program called the H-2C Guest Worker Program. As...more

Oregon OSHA Issues Proposal to Change Pesticide Application Regulations

by Stoel Rives LLP on

Oregon OSHA has proposed to adopt changes to its rules regarding the application of pesticides by agricultural employers. The new rules would...more

5 New Laws: California Governor Approves Employee-Friendly Laws

The 2017 California Legislature adjourned on September 15, 2017, and resulted in more than 700 bills being sent to Governor Jerry Brown’s desk for approval. Although the deadline for the Governor to sign new bills into law...more

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

by Holland & Knight LLP on

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

The End is Near! – Follow These Labor and Employment Bills as the California Legislative Year Wraps Up

by Fisher Phillips on

It’s a time of high-drama in Sacramento. With less than two weeks to go in the legislative year, many of the hot-button labor and employment bills we have been tracking all year await final action. Many bills are...more

Hurricane Harvey & FEMA Assistance Program

by Jackson Walker on

Our deepest sympathy goes out to everyone affected by Hurricane Harvey and the devastation it caused. For our clients, colleagues, and any others who may have been affected, we have put together some information about...more

National Milk Producers Federation Working to Improve Labor Challenges

by Varnum LLP on

USAgNet.com recently reported that National Milk Producers Federation (NMPF) President and CEO Jim Mulhern praised the work of Rep. Dan Newhouse (R-WA) for offering an amendment to the U.S. Department of Homeland Security’s...more

New NC Law Improves Protections of Farmers Against Unionization

by Nexsen Pruet, PLLC on

On July 13, 2017, North Carolina helped farmers by improving statutory protections against unionization. Although farmworkers generally do not have a statutory right to unionize under N.C. or federal law, unions are using...more

Hot List - What's Happening in the California Legislature 7/10-7/14

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Stemilt Growers and Ag Services Sued By EEEOC For Sexual Harassment, Retaliation

Federal Agency Alleges Latina Tractor Driver Demoted After Refusing Supervisor's Sexual Advances - SEATTLE -The largest grower of organic tree fruit in the United States, Stemilt Growers, and its integrated business,...more

Not Yet Time To Pop Champagne Corks After IC Guidance Withdrawn

by Fisher Phillips on

Earlier this week, the U.S. Department of Labor dropped a bit of a bombshell when it announced the immediate withdrawal of two informal guidance letters issued back when President Obama governed the executive branch. The 2015...more

U.S. Department of Labor Withdraws Independent Contractor and Joint Employment Guidance

by Payne & Fears on

In a positive development for employers, the United States Department of Labor (DOL) announced on Wednesday, June 7, 2017, that it is withdrawing two Interpretations issued during the Obama Administration....more

Update on Bill 17: The Fair and Family-friendly Workplaces Act

by Field Law on

Bill 17: The Fair and Family-friendly Workplaces Act became law on June 7, 2017, when it received Royal Assent. As noted in our earlier Alert, which set out the highlights of the Bill, the effective dates for each Part of the...more

SuperVision Today - June 2017

Editor's Note - Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...more

USDOL Withdraws Independent-Contractor, Joint-Employment "Administrator Interpretations"

by Fisher Phillips on

The U.S. Department of Labor announced today that it has withdrawn: - Administrator Interpretation No. 2016-1, entitled "Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker...more

Dawn Of A New Day? Labor Department Withdraws Obama-Era Guidance On Misclassification, Joint Employment

by Fisher Phillips on

In a welcome development for employers, Secretary of Labor Alexander Acosta announced today that the U.S. Department of Labor (USDOL) was immediately withdrawing guidance published during the Obama administration that had...more

EEOC Sues Favorite Farms for Sexual Harassment, Including Rape, And Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Conduct, Federal Agency Charges in Lawsuit - TAMPA, Fla. - Favorite Farms, Inc., a farming business growing a variety of produce in Dover, Fla.,...more

Picking a Fight: How California Makes Employment Law Peculiar

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more

EPA to Delay Agricultural WPS Indefinitely; Cites Issues with Guidance and Training

by Bergeson & Campbell, P.C. on

In a May 11, 2017, letter from U.S. Environmental Protection Agency (EPA) Acting Assistant Administrator Wendy Cleland-Hamnett to the CEO of the National Association of State Departments of Agriculture (NASDA) posted by...more

Hot List – What’s Happening in the California Legislature 5/15-5/19

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week....more

Marijuana Farm Employees Face Numerous Health Hazards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NIOSH has released a study on the safety and health hazards posed by marijuana growing farms. Of concern for employers are the risks for musculoskeletal disorders, as well as dermal contact exposure to...more

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