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Department of Labor (DOL) Agricultural Workers

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule

Jackson Lewis P.C. on

The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Jackson Lewis P.C.

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

Jackson Lewis P.C. on

Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of...more

Fisher Phillips

Federal Judge Blocks DOL’s “Farmworker Protection Rule” in 17 States: What Should Agricultural Employers Do Now?

Fisher Phillips on

A federal judge in Georgia just blocked the Department of Labor’s “Farmworker Protection Rule” for employers in 17 states, providing a measure of relief for many agricultural employers but throwing many others into a state of...more

Harris Beach PLLC

The “Modernized” H-2A Program: What Every Agricultural Business Needs to Know for 2025!

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Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more

Fisher Phillips

DOL Finalizes Farmworker Protection Rule: 8 Key Takeaways for H-2A Agricultural Employers

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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

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Cranfill Sumner LLP

The Role of H-2A Workers and Farm Labor Contractors in US Agriculture

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The H-2A program plays a significant role in supporting the agricultural industry in the United States, including North Carolina. The program is instrumental because domestic labor often falls short in meeting the demands for...more

Alston & Bird

Biden Administration Proposes More Changes to the H-2A Program

Alston & Bird on

Our Agricultural Legislative & Public Policy Team examines another pair of proposed rules that would reform the H-2A program....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Proposes Revisions to the H-2A Visa Program

The U.S. Department of Labor (DOL) has announced that it is working to update and improve the protections available to H-2A workers. The proposed changes would include both worker protection measures and compliance and...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Fisher Phillips

Agricultural Employers Learn New Methodology to Calculate Wage Rates: 4 Things You Need to Know

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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

Jackson Lewis P.C.

Farm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds

Jackson Lewis P.C. on

The mere fact that the plaintiff was building livestock enclosures on farms did not necessarily preclude his entitlement to overtime pay under the agricultural exemption of the Fair Labor Standards Act (FLSA), the Seventh...more

Harris Beach PLLC

Foreign Labor Options: What Every Struggling Seasonal Business Needs to Know about H-2A, H-2B and Green Cards

Harris Beach PLLC on

It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more

Fisher Phillips

Take Note H-2A Employers: Labor Department Proposes New Methodology to Calculate Wage Rates

Fisher Phillips on

The Department of Labor recently announced a proposal to change the methodology of the hourly Adverse Effect Wage Rate (AEWR) for temporary nonimmigrant agricultural workers in the H-2A Program for all occupations other than...more

Alston & Bird

Opportunity for Comment: H-2a Wage Methodology Notice of Proposed Rulemaking

Alston & Bird on

What will the Department of Labor’s new proposal changing the methodology used to set the adverse effect wage rate in the H-2A visa program mean to agricultural employers? Members of our Agricultural Legislative & Public...more

Husch Blackwell LLP

CDLE Proposes New Rules: PTO, Use It or Lose It, and Overtime Exemptions

Husch Blackwell LLP on

The Colorado Department of Labor and Employment (CDLE) has proposed new rules to Colorado’s ever-changing laws on overtime, minimum wage, and vacation requirements. As with other changes to Colorado employment law in recent...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2021

Seyfarth Shaw LLP on

A Summer of Freedom: Happy 4th From Us Here At The PMN. While the White House has acknowledged that the nation will not meet President Biden’s ambitious July 4th vaccination goal, it would be hard to argue the nation as a...more

Epstein Becker & Green

#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This...

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It's #WorkforceWednesday! This week, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor. Employers Implement Mandatory Vaccination...more

Alston & Bird

Agricultural Employers Face Increased Federal Enforcement

Alston & Bird on

Our Agricultural Policy Team explains why agricultural employers can expect to see a more active Wage and Hour Division going forward under the Biden Administration....more

Hogan Lovells

COVID-19 Update: Agriculture Workers and Employers Guidance; Meat and Poultry Facility Assessments Toolkit; Retail Food...

Hogan Lovells on

The Food and Drug Administration (FDA) and the Centers for Disease Control (CDC) recently released several guidelines for various segments of the food industry to address the COVID-19 pandemic. First, CDC issued Interim...more

Fisher Phillips

CDC And Labor Department Issue Interim COVID-19 Guidance For Agriculture Employers

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The CDC and the U.S. Department of Labor just released interim guidance for all agriculture employers to provide an action template to protect agriculture workers from COVID-19. Primarily, the guidance addresses exposure risk...more

Ward and Smith, P.A.

Pray for a Good Harvest, but Keep at Your Plow – And Know Enough Employment Law to Stay Out of the Ditch

Ward and Smith, P.A. on

Employers in agribusiness face the same risks as those in any other business, but perhaps more than most if faced with frequent employee-turnover and employees with little loyalty to those for whom they work....more

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