#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
Dolores Huerta - Yes We Can (Women's History Month)
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
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
With California once again expecting extreme heat conditions this summer, state officials are ramping up efforts to protect agricultural workers by punishing employers who don’t comply with heat standards. The state is...more
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
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
The Agricultural Labor Relations Board recently published an overview on AB 2183, the monumental “card check” legislation passed last year that makes it far easier for California agricultural workers to organize into unions....more
Governor Newsom just approved “card check” legislation making it far easier for California workers to organize into unions and creating headaches for agricultural employers in the state. Newsom’s signature on September 28...more
California agricultural employers are in for a whirlwind month ahead as labor advocates and farmworker unions are once again demanding Governor Newsom pass the infamous “card check” bill. If signed, this bill would make it...more
California agricultural employers are in for a turbulent season as labor advocates and the farmworkers union are once again pushing to institute the infamous “card check” organizing system – which would make it far easier for...more
The latest United States Supreme Court decision in the contested ground of Fifth Amendment takings law, Cedar Point Nursery v. Hassid, is yet another chapter in the long-standing argument regarding the distinction between...more
A group of Florida agricultural workers is seeking to be part of a class action lawsuit against the makers of paraquat, an herbicide known to be toxic, alleging that exposure to paraquat increases the risk of developing...more
In an effort to reflect recent updates provided by the Centers for Disease Control and Prevention ("CDC"), the Occupational Safety and Health Administration ("OSHA") revised its guidance on protecting workers and preventing...more
Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more
The U.S. Supreme Court declared unconstitutional a California regulation that required agriculture employers to give union organizers access to their premises. The Court held that by requiring employers to provide such...more
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
On June 23, 2021, the Supreme Court decided Cedar Point Nursery v. Hassid, a case involving a California regulation that requires employers to allow union organizers to enter their property to solicit members. In a 6-3 ruling...more
In a major property rights decision, the US Supreme Court held that the federal Constitution protects against a state mandating union access to an employer’s private property for organizing purposes. Its decision in Cedar...more
Agricultural Workers Could Be Entitled to Compensation - Agricultural workers who were exposed to the herbicide paraquat and have been diagnosed with Parkinson’s disease may have a claim for financial compensation....more
Seyfarth Synopsis: California agricultural employers won big before the United States Supreme Court on Wednesday. In Cedar Point Nursery v. Hassid, the Court deemed unconstitutional a California labor regulation which...more
Union organizing often collides with an employer’s private property rights. In a decision issued this month, Cedar Point Nursery v. Hassid, the United States Supreme Court ruled in favor of the right to protect private...more
In a 6-3 decision, the U.S. Supreme Court, in a decision issued on June 23, 2021 struck down a California state law requiring agricultural employers to grant union organizers access to their property. The Court determined the...more
On June 23, 2021, the U.S. Supreme Court reversed the Ninth Circuit and held that a California state law allowing limited organizing activity on employer’s farms is unlawful because it is a physical taking of the employer’s...more
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
In a decision that may concern employers, the Supreme Court held on June 23, 2021, that a California state regulation that required agricultural employers to allow union organizers onto their property for up to three hours...more