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Unions Farm Workers

Fisher Phillips

Labor Issues In Full Bloom This Spring for California Agriculture Employers: Here’s What You Need to Know

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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

Fisher Phillips

California Ag Officials Publish Guidance On Card Check Legislation: 6 Things Employers Need to Know

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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

Fisher Phillips

California Agricultural Legislative Update: ‘Card Check’ is Here

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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

Fisher Phillips

Playing the Waiting Game: Agricultural Union Card Check Bill Heads to California Governor’s Desk

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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

Roetzel & Andress

U.S. Supreme Court Expands Definition of What Constitutes a Physical Taking

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In a boon to property owners, the U.S. Supreme Court recently expanded the definition of what constitutes a physical taking (one that takes possession of property away from its owner) by including what many practitioners...more

Fisher Phillips

Labor Unions Trying Again for “Card Check” for California Farmworkers

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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

Miller Starr Regalia

Keep Out And Stay Out: The Cedar Point Decision And The Landowner’s Sine Qua Non Right To Exclude Others (Maybe Sometimes Even A...

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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

Epstein Becker & Green

#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This...

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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

McNees Wallace & Nurick LLC

SCOTUS Takes the Power Back: Strikes Down a California Rule Giving Union Organizers the Right to Access Employers’ Land

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

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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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 month...more

Kelley Drye & Warren LLP

Supreme Court Decision in Cedar Point Nursery v. Hassid May Provide Businesses New Opportunity to Challenge Regulations

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

ArentFox Schiff

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

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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

Seyfarth Shaw LLP

SCOTUS Strikes Down Restriction on Excluding Organizers from Private Property

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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

Maynard Nexsen

Supreme Court Reinvigorates Property Rights of Employers

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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

Seyfarth Shaw LLP

In Cedar Point Nursery, the United States Supreme Court Strikes Down Restriction on the Right to Exclude Union Organizers from...

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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

Franczek P.C.

U.S. Supreme Court Strikes Down California Union Access Regulation

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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

Sherman & Howard L.L.C.

The U.S. Supreme Court Finds California Organizing Regulation Is A Per Se Physical Taking

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

Epstein Becker & Green

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

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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

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

CDF Labor Law LLP

SCOTUS Decides Two Cases with Labor and Employment Law Implications

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The United States Supreme Court recently issued two decisions related to California labor and employment law.  In one decision, the Court held that a California regulation allowing labor organizers a right to access...more

Downey Brand LLP

US Supreme Court Confirms Farmers’ Private Property Rights

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On June 23, 2021, the Supreme Court of the United States in Cedar Point Nursery v. Hassid held in a 6–3 decision that Cal. Code Regs., tit. 8, § 20900(e)(1)(c)—which granted union organizers a right of access to private farm...more

Nossaman LLP

SCOTUS Takings Decision a Huge Victory for Property Owners: California Regulation Requiring Access Is a Taking

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On June 23rd, the United States Supreme Court held that a California regulation allowing labor organizations to intermittently access agricultural employers’ property was an unconstitutional taking. The Court reversed the...more

Miller Starr Regalia

Supreme Court Issues Major Property Rights Decision in Favor of Landowners, Confirming that Government-Sanctioned Physical...

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In a 6-3 opinion written by Chief Justice John Roberts, Cedar Point Nursery v. Hassid, __ U.S. __ (2021) (Case No. 20-107), the Supreme Court issued a major property rights decision in favor of landowners in a case addressing...more

Ballard Spahr LLP

Supreme Court Holds That Regulation Allowing Access to Farmers' Property Is a Per Se Physical Taking

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A ruling from the U.S. Supreme Court this week may have altered the landscape of takings claims by expanding the scope of physical takings. Since the landmark case of Penn Central Transportation Co. v. New York City, 438 U.S....more

Beveridge & Diamond PC

Supreme Court Finds Fifth Amendment Taking in State Regulation Granting Access to Private Property

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In a major victory for property owners facing state and local land use regulation, the U.S. Supreme Court on Wednesday ruled 6-3 that a California regulation granting union organizers the right to access private property is a...more

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