News & Analysis as of

Agricultural Workers

California’s Compulsory Arbitration Law

by Husch Blackwell LLP on

I. Introduction. Unlike federal labor law, the California Agricultural Labor Relations Act (ALRA or Act) authorizes agricultural workers to form unions and engage in collective bargaining. If the parties cannot reach...more

Draft North Carolina Tax Legislation Released

by Smith Anderson on

On April 11, 2018, the General Assembly’s Revenue Laws Study Committee released a draft tax bill for possible introduction in the legislative session that convenes May 16. This Alert provides a summary of the more important...more

Minnesota House Republicans Announce Updated Budget Targets

by Stinson Leonard Street on

Last week, the House of Representatives Republican majority announced their budget targets for the 2018 legislative session. In February the Minnesota Management and Budget projected the state to have a $329 million surplus. ...more

Shooting Fish In a Barrel: EPA Loses Another Regulatory Delay Case

On March 21, 2018, EPA lost yet another regulatory delay case. After the Obama EPA promulgated rules updating requirements concerning certification and use of “restricted use pesticides” in January 2017, the Trump EPA...more

Our Nominees for the Top 20 California Employment Law Risks to Agriculture Employers

by Davis Wright Tremaine LLP on

California agricultural employers must be mindful of the federal, state, and local laws on the books, many of which pose traps for the unwary. Here are some of the most important employment and labor legal issues warranting...more

Your Comprehensive Guide to 2018 Proposed California Legislation

by Fisher Phillips on

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Maryland's Paid Sick Leave Mandate Set to Take Effect This Month

by Holland & Knight LLP on

• The Maryland Healthy Working Families Act is scheduled to go into effect on Feb. 11, 2018, making Maryland the ninth state to mandate paid sick leave for private employers. • The Act requires that Maryland employers with...more

U.S. Department of Agriculture Releases 2018 Farm Bill Principles

by Holland & Knight LLP on

Sonny Perdue, secretary of the U.S. Department of Agriculture (USDA), released the Trump Administration's 2018 Farm Bill and Legislative Principles on Jan. 24, 2018. "These principles will be used as a road map. They are our...more

New Law Phases In Overtime Increases for Agricultural Workers

by Ervin Cohen & Jessup LLP on

Beginning on January 1, 2019, Assembly Bill 1066 phases in overtime for agricultural workers over a four year period, ultimately making these workers eligible for overtime pay at one and one-half (1-½) times their regular...more

EPA Signals New Rulemakings On Worker Protection Standard and Certification of Pesticide Applicators

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) recently announced, in two separate notices, that it is initiating a process to revise (1) certain requirements in the Agricultural Worker Protection Standard (WPS) (82 Fed. Reg....more

EPA to Initiate Proposed Rulemakings to Revise WPS and the C&T Rule

by Bergeson & Campbell, P.C. on

On December 14, 2017, the U.S. Environmental Protection Agency (EPA) announced it was initiating a process to revise (1) certain requirements in the Agricultural Worker Protection Standard (WPS); and (2) to revise the minimum...more

Who gets the money when crops are sold? The answer is not as straight forward as you may think

by Hellmuth & Johnson PLLC on

With three straight years of depressed economic conditions in the agricultural marketplace, many farmers are really feeling the strain. When farmers feel the strain for long periods of time, eventually their bank, their...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

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

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

by Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...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

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

Hiring Under-18 Workers This Summer?

by Fisher Phillips on

If you plan to employ anyone under 18 years old for the summer, you should be thoroughly familiar with the child-labor limitations prescribed under the federal Fair Labor Standards Act....more

Hot List – What’s Happening in the California Legislature 4/24-4/28

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... Recap of Legislative Bill Activity Last Week – The...more

Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture

Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend,...more

The future of migrant workers in the UK?

by Dentons on

With the Prime Minister preparing to trigger Article 50 around 15 March, and so begin the process of Britain’s exit from the European Union, the Cabinet’s Brexit Committee has started to prepare a two-stage plan to deal with...more

Trump Administration Immigration Actions’ Disproportionate Impact on Certain Industries

by Jackson Lewis P.C. on

The food, construction, and healthcare sectors are concerned about fallout from the crackdown on immigration called for in Secretary John Kelly’s Implementation Memos, President Donald Trump’s travel ban, and possible new...more

Felicia Reid Explores 2016 California Wage-and-Hour Law Affecting Agricultural Workers in Daily Journal

by Hirschfeld Kraemer LLP on

HK's Felicia Reid authored the Los Angeles/San Francisco Daily Journal “New Laws” supplement article titled, “AB 1066: Overtime for farmworkers.” The piece unpacks the Phase-In Overtime for Agricultural Workers Act of 2016, a...more

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