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Employer Liability Issues Farm Workers

Fisher Phillips

Labor Issues In Full Bloom This Spring for California Agriculture Employers: Here’s What You Need to Know

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California employers in the agriculture industry are facing challenges this spring after two major developments last month. First, new rules took effect requiring employers to provide a special written notice to H-2A...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

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

Roetzel & Andress

U.S. Supreme Court Expands Definition of What Constitutes a Physical Taking

Roetzel & Andress on

In a boon to property owners, the U.S. Supreme Court recently expanded the definition of what constitutes a physical taking (one that takes possession of property away from its owner) by including what many practitioners...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

Schwabe, Williamson & Wyatt PC

Aftermath of Martinez-Cuevas v. DeRuyter Brothers Dairy: ESSB 5172 and Overtime Pay for Agricultural Workers

Washington’s Supreme Court disrupted the state’s agricultural industry on November 5, 2020, when it held that the agricultural overtime exemption at RCW 49.46.130(2)(g) violated the state’s constitution as applied to dairy...more

Fisher Phillips

Washington Supreme Court Grants Dairy Workers Overtime Pay As Fundamental Right, Raising Concerns For Agricultural Employers

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In a sweeping 5-4 opinion last week, the Washington Supreme Court held that dairy workers are entitled to overtime pay, concluding that a state statutory exemption violated the Washington State Constitution. For the previous...more

Foley Hoag LLP

Certain Cannabis Industry Workers Are Not “Employees” Under Federal Labor Law; Could Be Covered by Mass. Law

Foley Hoag LLP on

In a recent decision, the Regional Director of the National Labor Relations Board (NLRB) for Region 1 (covering most of New England) found that a majority of employees of a cannabis cultivation and processing facility were...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

Seyfarth Policy Matters Newsletter - December 2019 #2

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Another Future of Work Hearing Scheduled. The House Higher Education and Workforce Development Subcommittee has announced a hearing titled “The Future of Work: Ensuring Workers Are Competitive in a Rapidly Changing Economy.”...more

FordHarrison

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

FordHarrison on

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

Fisher Phillips

Web Exclusive: May 2019: The Top 17 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

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

U.S. Equal Employment Opportunity Commission...

EEOC Wins Jury Verdict Against Favorite Farms for Sexual Harassment and Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Misconduct, Federal Agency Charged - TAMPA, Fla. - A federal jury rendered a verdict on Dec. 19, 2018 awarding $850,000 in compensatory and punitive...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Bisconti Farms, Inc. For Sexual Harassment And Retaliation

Female Manager at Temple Mushroom Farm Sexually Harassed Multiple Female Workers, Federal Agency Charges - PHILADELPHIA - Bisconti Farms, Inc., a mushroom farm in Temple, Pa., violated federal law when it subjected female...more

Sheppard Mullin Richter & Hampton LLP

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

U.S. Equal Employment Opportunity Commission...

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

U.S. Equal Employment Opportunity Commission...

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

Littler

The Continuing Expansion of Sexual Harassment Training Requirements in California

Littler on

A dozen years ago, the passage in California of Assembly Bill (AB) 1825 began required sexual harassment prevention training for supervisors in companies with 50 or more employees.  Since then, California has led the nation...more

Maynard Nexsen

Unions Pressure Carolina Farmers

Maynard Nexsen on

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

Fisher Phillips

Washington Employers Must Pay Piece Rate Workers Additional Rest Break Compensation

Fisher Phillips on

With some limited exceptions, Washington State wage and hour rules require that workers receive a paid 10 minute rest break for every four hours worked. The Washington Supreme Court has now expanded employer obligations in...more

Epstein Becker & Green

New California Employment Laws for 2015 and Beyond

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It is that time of year again, California. As the days grow shorter and the nights grow semi-colder (it is still California after all), a flurry of activity begins as employers revisit their policies and handbooks to assess...more

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

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues County Fair Farm for Sexual Harassment

Federal Agency Charges County Fair Farm With Subjecting Female Farmworkers to Groping, Verbal Abuse, Solicitations for Sex - BOSTON -- County Fair Farm, a farm and produce wholesaler located in Jefferson, Maine,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tiny’s Organic for Pregnancy Discrimination

Company Fired Supervisor Expecting Twins, Federal Agency Charges - WENATCHEE, Wash. - Wenatchee fruit grower Tiny's Organic violated federal law by firing a farm worker for becoming pregnant, the U.S. Equal Employment...more

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