News & Analysis as of

Employer Liability Issues Agribusiness

Seyfarth Shaw LLP

Purple Haze: LPA Mandate Poised to Continue Causing Confusion and Chaos for California Cannabis Licensees

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It is not often that the government has the opportunity to regulate and oversee an entirely brand new market; and, in the case of California, when it legalized recreational cannabis for adult-use, it decided to mandate...more

Seyfarth Shaw LLP

Budding Issues? The Fading Smoke of One Union at a Cannabis Workplace in Massachusetts

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Seyfarth Synopsis: Employees at a Cresco Labs cannabis cultivation facility in Massachusetts recently made an unexpected and significant decision: they chose to say goodbye to their union membership just shy of their first...more

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

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A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Seyfarth Shaw LLP

Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

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Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with...more

CDF Labor Law LLP

Ninth Circuit Provides Relief from Client Employer or Joint Employer Status for Produce Distributor

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The Ninth Circuit gave short shrift to employees’ claims that an intermediary in the commerce of strawberries was responsible for paying the farmworkers’ wages under a creative legal theory that the intermediary was a “client...more

McGlinchey Stafford

Employers Subject to Workplace Safety Laws Despite Marijuana’s Illegal Status

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Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to...more

Schwabe, Williamson & Wyatt PC

Thinking About Selling Your Ag Business? Time to Get Your I-9s in Order

The past two years have seen significant growth in the number of mergers and acquisitions nationwide with many agriculture and farming business owners choosing to liquefy their assets and move on. At the same time, employers...more

Ruder Ware

Protecting the Farm: Employment Considerations

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“Protecting the Farm” is a common phrase associated with succession planning but employment considerations are just as important in protecting an agribusiness. Employment considerations include how to protect confidential...more

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

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In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),...more

Fisher Phillips

Union Organizing In The Cannabis Industry: What Every Cannabis Employer Should Know About Labor Peace Agreements

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As more states legalize medicinal and recreational cannabis, many states are requiring that cannabis employers enter into a “labor peace agreement” with a union in order to obtain or maintain a license to grow, manufacture,...more

Burr & Forman

“Feeding the World vs. Employee Health and Safety: A Balancing Act,” The National Provisioner

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In a filmed interview published by The National Provisioner on May 14, 2020, Christine Tenley shared her thoughts on how meat processing plants can strike the balance between fulfilling their crucial role in the food supply...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – May 2020 #3

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In Washington: Administration officials said that they plan to wind down the coronavirus task force at the end of May and shift management of the public health response back to the federal agencies....more

Seyfarth Shaw LLP

Gradually Opening for Business – California Issues Reopening Guidelines

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Seyfarth Synopsis: On May 7, 2020, California issued additional guidance to help businesses prepare to reopen as part of Stage 2 of the State’s 4-staged reopening roadmap. The guidance lays out 5 steps that certain businesses...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Seyfarth Shaw LLP

OSHA Updates National Emphasis Program on Amputations in Manufacturing Industries

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Seyfarth Synopsis: OSHA recently updated its National Emphasis Program on Amputations in Manufacturing Industries (NEP), adding a targeting methodology for industries with high employer-reported amputation statistics....more

Epstein Becker & Green

California Puts a Foot On the Scale to Drive Unionization Higher: AB 1291 Mandates State-Sponsored Assistance in Organizing...

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As private sector unionization rates have continued to fall over recent decades, organized labor has increasingly turned to the state and local politicians it supports for assistance in the form of state legislation and local...more

FordHarrison

California Attempts to Weed Out Unfair Labor Practices at the State Level by Enacting Union-Friendly Regulation on Employers in...

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As the cannabis industry has rapidly progressed over the years, states such as New York, New Jersey and Illinois have begun to implement legislation that encourages employers to engage in labor peace agreements with unions....more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Seyfarth Shaw LLP

OSHA.gov Highlights Grain Handling Facility Safety on Main Website

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Seyfarth Synopsis:  Federal OSHA has put grain handling safety right up-front on its main homepage.  OSHA wants you to “learn how to stay safe during grain handling operations.”...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

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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

Lewitt Hackman

California Ballot Guide 2018: Propositions 8-12

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We continue with Part Three in our series on California’s ballot propositions for 2018, providing a glimpse of the pros and cons of each measure. ...more

Maynard Nexsen

Unions Pressure Carolina Farmers

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Carolina farmers must constantly deal with changing weather and markets. Add one more challenge: labor unions. Recently, labor unions have actively targeted certain agribusinesses in the Carolinas....more

Nexsen Pruet, PLLC

AgriBiz Alert: OSHA Targets Agribusiness Industry with New Citations

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In recent months, the Occupational Safety and Health Administration (OSHA) cited several agribusiness employers for alleged violations of its standards, proposing significant penalties against them....more

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