News & Analysis as of

Seasonal Workers

Proposed Guest Worker Visa Could Expand Access to Permanent Foreign Employees for Agriculture Companies

On October 25th, the House Judiciary Committee passed, by the narrow margin of 17-16, proposed bill H.R. 4092, the Agricultural Guestworker Act, which would implement a new program called the H-2C Guest Worker Program. As...more

The Holiday Hiring Frenzy: 10 Tips That Will Keep You Off the Naughty List

It’s that time of year again—many employers, especially retailers and hospitality employers, are hiring seasonal workers for the holiday shopping season. Despite the challenge of adding so many employees in a short period of...more

DOL Reinstates the Issuance of Opinion Letters

by Pessin Katz Law, P.A. on

On June 27, 2017, the U.S. Department of Labor (“DOL”) announced it will reinstate the issuance of opinion letters (the “letters”), a practice not followed since 2010. The letters allow the DOL’s Wage and Hour Division...more

Trump Administration Suggests Potential Cuts to Cultural Exchange Visas

The Trump Administration is evaluating potential reductions to U.S. cultural exchange programs that allow young people from across the world the opportunity to work temporarily in the US. The potential cuts would impact five...more

National Milk Producers Federation Working to Improve Labor Challenges

by Varnum LLP on

USAgNet.com recently reported that National Milk Producers Federation (NMPF) President and CEO Jim Mulhern praised the work of Rep. Dan Newhouse (R-WA) for offering an amendment to the U.S. Department of Homeland Security’s...more

Hiring Under-18 Workers This Summer?

by 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

Trump’s Winery in Virginia Seeks Visas for Foreign Workers

by Cozen O'Connor on

President-elect Trump’s winery in Charlottesville, Virginia recently filed visa applications with the U.S. Department of Labor (DOL). The winery said it will need six workers to prune grape vines six days a week , with a pay...more

U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more

Keeping the Scrooge Out of Seasonal Hiring: 6 Tips for Retailers

November and December account for a substantial portion of retail sales—up to 30 percent of annual sales for some businesses. And while there are reports that this holiday shopping season has been delayed due to the...more

Drivers For All Seasons

by Sherman & Howard L.L.C. on

An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce....more

Seasonal Exemption May Help Some Employers Avoid New Overtime Pay Requirements

The December 1 effective date is rapidly approaching for the Department of Labor’s new white-collar overtime exemption salary levels. Employers struggling with their ability to pay the more than doubled salary minimums are...more

Ninth Circuit Affirms Certification of “No Injury” Wage and Hour Class

by Carlton Fields on

On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the...more

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

by 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

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

Records Of Employment – Not Just For Terminations

by Dentons on

The end of summer is (unfortunately) just around the corner, which for many employers means saying goodbye to student employees and seasonal workers. Most employers know that they need to complete a record of employment (ROE)...more

Summertime, and the Livin’ is…well, potentially complicated

by McAfee & Taft on

Ah…summertime. It’s finally here. The long days, the slower pace. Vacations, hotdogs and hamburgers on the grill, and the ever-present risk of legal exposure. Huh? That’s right, summertime also ushers in different types of...more

Help Wanted: Avoiding Inadvertent Participation in Labor Trafficking

Is your company a labor trafficker? Surely not. But if your company employs large numbers of foreign seasonal workers, you could be implicated in trafficking even if you don’t mean to be. Employment of foreign seasonal...more

Department of Labor Announces Broad Interpretation of Joint Employment

by K&L Gates LLP on

The U.S. Department of Labor, Wage & Hour Division (DOL) issued guidance from its administrator in late January, espousing a broad view of joint employment under the Fair Labor Standards Act (FLSA). The guidance, issued in...more

Employers Take Note: Federal Agencies Issue Wage & Hour and Retaliation Guidance

The start of the New Year has brought about a flurry of federal administrative agency activity, including guidance from the Department of Labor (DOL) on the joint employer standard to be used for wage and hour matters, as...more

Department of Labor Guidance on Joint Employment Highlights Risks for Employers

by Dechert LLP on

In a recent OnPoint, Dechert discussed the National Labor Relations Board’s controversial decision in Browning-Ferris Industries of California, Inc., in which the Board abandoned its long-standing joint employer test in favor...more

DOL Issues Guidance on Joint Employers

by Ballard Spahr LLP on

The U.S. Department of Labor (DOL) has issued guidance warning employers that ''joint employment'' has become more common in light of the growing variety of business models and labor arrangements in today's economy....more

DOL Continues to Push Its Agenda with New Guidance on Joint Employment

Solicitor of Labor Patricia Smith likes to quip that the Department is “working overtime on overtime.” DOL took a break from the much-anticipated overtime regulations and issued new guidance yesterday on the question of who...more

DOL Issues Administrator's Interpretation Expanding the Definition of Joint Employment

by FordHarrison on

Under the Obama administration, the U.S. Department of Labor (DOL) has aggressively enforced and interpreted the federal wage and hour laws. Consistent with that approach, on Wednesday January 20, 2016, the Department of...more

USDOL Releases Broad "Joint Employment" Interpretation

by Fisher Phillips on

The U.S. Labor Department has taken the next step in its nearly-six-year-old "fissured industries" initiative by releasing Administrator Interpretation No. 2016-1, dealing with concepts of "joint employment" under the...more

DOL Issues Guidance on Joint Employment under FLSA

by Littler on

The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI) establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the...more

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