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The National Labor Relations Act › Agricultural Workers

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2024 #4

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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.

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

Jackson Lewis P.C. on

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

Fisher Phillips

Federal Judge Blocks DOL’s “Farmworker Protection Rule” in 17 States: What Should Agricultural Employers Do Now?

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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

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

Fisher Phillips

Top Workplace Law Stories You May Have Missed from May 2023

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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...more

Jackson Lewis P.C.

Top Five Labor Law Developments For June 2021

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1. The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property. Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021). The California Agricultural...more

Snell & Wilmer

A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California

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In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the...more

ArentFox Schiff

Supreme Court: California Can’t Require Union Access To Employer’s Premises for Organizing

ArentFox Schiff on

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

Miller Canfield

Supreme Court Holds Union Organizer Entry on Private Property Violates 5th Amendment

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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

Bradley Arant Boult Cummings LLP

Weeding Out Claims by Agricultural Workers – The NLRA, the Agricultural Exemption, and the Cannabis Industry

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In a recent Advice Response Memo, the National Labor Relations Board (NLRB) indicated that employees of a cannabis growing operation were exempt from the National Labor Relations Act (NLRA), meaning that the employees were...more

Nutter McClennen & Fish LLP

Union Organizing Raises Special Challenges for the Cannabis Industry

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While marijuana remains illegal under federal law, it has been legalized in 15 states and the District of Columbia. Another 29 states have decriminalized marijuana or allowed its medical use, or both. This loosening of...more

Foley Hoag LLP - Cannabis and the Law

NLRB Division of Advice Weighs in on Cannabis Workers

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As we previously blogged, “agricultural employees” are excluded from coverage under the federal National Labor Relations Act, which governs unionization. The National Labor Relations Board’s Division of Advice (which...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

Sheppard Mullin Richter & Hampton LLP on

When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

Fisher Phillips

NY Farmworkers Win Collective Bargaining Rights – Will Other States Follow Suit?

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In a groundbreaking decision, a New York state appeals panel just extended union organizing rights to farmworkers, perhaps setting the stage for other states to do the same. While farmworkers have traditionally been exempted...more

Littler

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

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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

Baker Donelson

DOL Presents: The Ghost of Violations Past

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On May 28, 2015, the Department of Labor (DOL) issued proposed guidance for President Obama's infamous Executive Order 13673 – "Fair Pay and Safe Workplaces" (the Order). Although the stated purpose of the Order is "to...more

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