News & Analysis as of

Employer Liability Issues Farms

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

Bond Schoeneck & King PLLC

New York Lowers Overtime Threshold for Agricultural Workers

On Sept. 30, 2022, State Labor Commissioner Roberta Reardon announced that she has accepted the New York Farm Laborers Wage Board’s recommendation to lower the overtime threshold for agricultural workers from 60 hours down to...more

Miller Nash LLP

OT for Ag(ricultural) Workers – Oregon, Washington, and California

Miller Nash LLP on

Agricultural ("ag") workers on the West Coast must now be paid overtime. Oregon The Oregon legislature passed what some called the “most divisive” bill of the short 2022 legislative session, requiring agricultural farmworkers...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

Fisher Phillips on

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

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

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

Conn Kavanaugh

Massachusetts Supreme Judicial Court Ruling on Farming Overtime Pay is a Cautionary Tale for All Employers

Conn Kavanaugh on

Though confined to the issue of overtime for farm laborers, a recent ruling by the Massachusetts Supreme Judicial Court (“SJC”) serves as a warning to all employers about the pitfalls presented by the disparities between...more

Seyfarth Shaw LLP

New Overtime Law: Agricultural Employees To Reap What They Sow

Seyfarth Shaw LLP on

Seyfarth Synopsis: Agricultural employers have a hard row to hoe with the latest crop of legislation affecting overtime requirements in California....more

Davis Wright Tremaine LLP

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

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

Akin Gump Strauss Hauer & Feld LLP

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...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

Seyfarth Shaw LLP

Marijuana Farm Employees Face Numerous Health Hazards

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

U.S. Equal Employment Opportunity Commission...

Glaser Organic Farms Llega A Un Acuerdo Resolutorio En La Demanda Que La EEOC Habia Radicado Por Acoso Basado En Origen Nacional,...

Trabajadoras de la Cocina Fueron Compensadas por el Discrímen por parte de la Gerencia Basado en Origen Nacional y Color - MIAMI-Glaser Organic Farms, es una granja de venta al detal en Redlands cuyo propietario y...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

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

Sherman & Howard L.L.C.

Move Over EEOC: Time for an NLRB Benchslap

Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more

U.S. Equal Employment Opportunity Commission...

Four Hawaii Farms to Pay $2.4 Million to Thai Workers to Settle EEOC National Origin and Retaliation Employment Discrimination...

Additional Relief in the Form of Job Offers and Other Benefits Will Be Offered to Vulnerable Thai Laborers, Says Federal Agency - LOS ANGELES - Three years after filing suit against farm labor contractor Global...more

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