News & Analysis as of

Fair Labor Standards Act (FLSA) Agricultural Workers

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.

Next Puerto Rico Minimum Wage Increase: July 1, 2023

Jackson Lewis P.C. on

Puerto Rico’s second automatic increase in the minimum wage is July 1, 2023, from $8.50 per hour to $9.50 per hour. With limited exceptions, this increase will apply to all non-exempt employees covered by the Fair Labor...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

Dorsey & Whitney LLP

Next on the Chopping Block: In Light of Recent Removals of the Agricultural Exemption from State Wage and Hour Laws, Employers Are...

Dorsey & Whitney LLP on

Agricultural employers are often at the mercy of nature which causes constant fluctuations in labor needs. Given the unique nature of the agricultural industry, their workers have historically been exempt from minimum wage...more

Jackson Lewis P.C.

USDA Seeks to ‘Blacklist’ Government Contractors for Labor and Employment Law Violations

Jackson Lewis P.C. on

The U.S. Department of Agriculture (USDA) published a Notice of Proposed Rulemaking (NPRM) on February 17, 2022, seeking to update its contract acquisition requirements. Within the proposed rulemaking, the USDA included two...more

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

Fox Rothschild LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....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

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

Perkins Coie on

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

FordHarrison

My Love: Netflix Documentary Series Spotlights Family Farm’s Labor of Love

FordHarrison on

The new Netflix documentary series My Love celebrates the heartwarming stories of six longtime couples across the globe. The first episode focuses on David and Ginger Isham, who have been happily married since 1959. ...more

Seyfarth Shaw LLP

NLRB Division of Advice Finds Cannabis Workers Not Covered by Federal Labor Law

Seyfarth Shaw LLP on

On January 25, 2021, the National Labor Relations Board’s Division of Advice released an Advice Memo on the issue of whether certain cannabis workers were exempt from the National Labor Relations Act as agricultural workers....more

ArentFox Schiff

California Does It Again: Paid Sick Leave Expanded For COVID-19

ArentFox Schiff on

Adding to various paid sick leave requirements that employers must navigate in the COVID-19 environment, California has once again expanded its state law paid sick leave mandates. Governor Gavin Newsom signed Assembly...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

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

Littler

Massachusetts High Court Finds That Employees Who Are Exempt From Overtime Under Federal Law Are Not Necessarily Exempt Under...

Littler on

On March 15, 2019, the Massachusetts Supreme Judicial Court held that the “agricultural” exemption to the Massachusetts Overtime Law, M.G.L. c. 151, § 1A, does not apply to workers who perform post-harvesting activities. ...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

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Maynard Nexsen

New NC Law Improves Protections of Farmers Against Unionization

Maynard Nexsen on

On July 13, 2017, North Carolina helped farmers by improving statutory protections against unionization. Although farmworkers generally do not have a statutory right to unionize under N.C. or federal law, unions are using...more

Proskauer - California Employment Law

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Fisher Phillips

Hiring Under-18 Workers This Summer?

Fisher Phillips on

If you plan to employ anyone under 18 years old for the summer, you should be thoroughly familiar with the child-labor limitations prescribed under the federal Fair Labor Standards Act....more

Lewitt Hackman

California Employer Compliance 2017

Lewitt Hackman on

There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more

Stoel Rives - World of Employment

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in...more

Littler

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

Littler on

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...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

Skadden, Arps, Slate, Meagher & Flom LLP

"Employment Flash - February 2016"

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

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