News & Analysis as of

Agricultural Workers

Phelps Dunbar

Between Enforcement and Protection: What Employees Need to Know About State and Federal Immigration Policy Shifts

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The U.S. Department of Labor’s Wage and Hour Division recently announced a suspension in enforcing the 2024 rule from the Biden Administration that is designed to enhance protections for H-2A workers....more

Fisher Phillips

Agricultural Employers’ Compliance Cheat Sheet: Summer 2025

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Managing a farm workforce can be a heavy lift. Agricultural employers must keep up with farm labor laws and workplace regulations that seem to constantly change, so we created this zero-waste resource for ag professionals and...more

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

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The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Fisher Phillips

DOL Suspends Enforcement of Embattled "Farmworker Protection" Rule: What Does it Mean For Agricultural Employers?

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Federal officials announced late Friday they were suspending enforcement of what it called “the Biden Administration’s burdensome 2024 farmworker rule,” effective immediately – news that should provide a measure of relief to...more

Bergeson & Campbell, P.C.

USDA TO THE RESCUE! First, Immigration Policies — Will MAHA be Next?

The U.S. Department of Agriculture (USDA) has been around for more than 150 years, stressing the importance of American agriculture to a bountiful food production system since Abraham Lincoln first signed it into being in...more

Warner Norcross + Judd

Federal Jury Finds H-2A Contractor Liable for Forced Labor — What Employers Must Know

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A recent federal jury verdict in Michigan has brought renewed attention to the compliance risks faced by employers that utilize the H-2A visa program, particularly when working with third-party labor contractors. On June 6,...more

Miller Nash LLP

Washington State Law Provides Agricultural Cannabis Workers the Right to Unionize

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A recently passed Washington State House Bill permits agricultural workers to unionize under the supervision of Washington’s Public Employment Relations Commission (PERC). On April 22, 2025, the Governor signed House Bill...more

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

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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

Laughlin, Falbo, Levy & Moresi LLP

2025 Forecast in California Workers' Compensation

In 2024, Californian workers faced a tempered legislative and judicial climate following an exciting election cycle from 2024. The California State Legislature and Governor Newsom have adjourned a legislative session that...more

Jackson Lewis P.C.

Navigating the New H-2A and H-2B Rule: What Employers and Workers Need to Know

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025. The Rule is aimed at modernizing the regulations governing the...more

Buchalter

A New Year Brings New Laws to Pacific Northwest Employers

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It is a new year, which means new employment laws for employers in the Pacific Northwest. The following is a brief overview of significant new laws and changes for employers with Washington and/or Oregon employees....more

Jackson Lewis P.C.

New FAQs on California Paid Sick Leave Unveiled

Jackson Lewis P.C. on

The Labor Commissioner’s office recently published an updated version of its Frequently Asked Questions Page for California Paid Sick Leave. Here are some of the highlights of the updates: Agricultural Employees- The...more

Jackson Lewis P.C.

California’s Governor Proclaims a State of Emergency for Bird Flu

Jackson Lewis P.C. on

On December 18, 2024, Governor Newsom proclaimed a State of Emergency to streamline and expedite the state’s response to Avian influenza A (H5N1), commonly known as “Bird Flu.” This may give many employers flashbacks to the...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 12 "Agricultural Employees Given Another Reason to Use Sick Leave"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the twelfth day of the holidays, my labor and...more

Whiteford

Employment Law Update: Immigration Challenges Await Employers In 2025

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Immigration policy, in one form or another, touches virtually every business in the United States. All employers are subject to the requirements of the 1986 Immigration Reform and Control Act, which established the I-9...more

Fox Rothschild LLP

New Jersey Minimum Wage Rates to Increase in 2025

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As the year comes to a close, New Jersey businesses need to be mindful of the yearly increases in state minimum wage rates. The New Jersey Department of Labor announced in a press release that effective January 1, 2025, the...more

Harris Beach Murtha PLLC

DOL Publishes 2025 Bifurcated H-2A AEWR Rates

Harris Beach Murtha PLLC on

On Dec. 16, 2024, the U.S. Department of Labor (DOL) published the new 2025 H-2A Adverse Effect Wage Rates (AEWRs) for non-range occupations for field and livestock workers to be effective on either Dec. 16, 2024, or Jan. 1,...more

Davis Wright Tremaine LLP

2024-2025 Oregon Employment Law Year-End Update

As 2024 comes to a close and we look forward to 2025, we want to highlight recent changes in employment law that may have an impact on Oregon employers. The following provides a summary of events that occurred in 2024 and...more

Bergeson & Campbell, P.C.

EPA Announces Interim Guidance on the 2024 Application Exclusion Zone (AEZ) Rule under the Agriculture Worker Protection Standard

On November 13, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its interim guidance and additional materials to support the regulatory community in implementing the requirements of the October...more

Fisher Phillips

Top 7 New Workplace Safety Laws California Has Adopted – and Key Action Steps for Employers

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The California legislature has passed a slew of new workplace safety laws – many of which would change the landscape for California employers. Now that the September 30 deadline for the governor to sign or veto bills has...more

Littler

California Expands Paid Sick Leave Uses for Crime Victims and Agricultural Employees, and Changes Unpaid Leave Standards for...

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On September 29 and 24, 2024, respectively, California’s governor signed two bills that amend California’s Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick leave law. AB 2499 expands who qualifies for...more

McAfee & Taft

DOL halts implementation of its H-2A ‘Farmworker Protection Rule’

McAfee & Taft on

Late last month, a federal judge in Georgia blocked the U.S. Department of Labor from enforcing its “Farmworker Protection Rule,” also known as the “Improving Protections for Workers in Temporary Agricultural Employment in...more

Conn Maciel Carey LLP

Buzz Kill! OSHA Launches a New Emphasis Program Promising a Higher Focus on Cannabis Cultivation and Processing Employers

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As loyal readers of the OSHA Defense Report know, OSHA continues to look for ways to proactively inspect workplaces in industries that the agency believes merit greater attention, including through the development of new...more

Jackson Lewis P.C.

Senate Bill 1105: California Passes Expanded Use of Paid Sick Leave for Agricultural Employees

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As of September 24, 2024, Governor Newsom has signed Senate Bill (SB) 1105, which expands existing paid sick leave provisions to allow agricultural employees to use paid sick leave for additional reasons. These changes take...more

Jackson Lewis P.C.

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

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The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

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