News & Analysis as of

Wage and Hour Agricultural Workers

Fisher Phillips

Agricultural Employers Could Face Less Oversight, More Uncertainty in the Post-Chevron Era: 3 Steps to Success

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The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more

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

Ervin Cohen & Jessup LLP

California Amends the Wage Theft Prevention Act to Add Additional Written Notice Requirements for Employees

Since 2011, the Wage Theft Prevention Act has required California employers to provide certain written information to new employees at the time of hiring and within seven days of any change. The Labor Commissioner provides a...more

Ervin Cohen & Jessup LLP

Ninth Circuit Clarifies Standard for “Client Employer” Liability

On June 1, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit held that berry distributors were not liable as “client-employers” of agricultural workers. The plaintiff agricultural workers...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.

Next Puerto Rico Minimum Wage Increase: July 1, 2023

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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

Fisher Phillips

Top Workplace Law Stories You May Have Missed from March 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

Fisher Phillips

Agricultural Employers Learn New Methodology to Calculate Wage Rates: 4 Things You Need to Know

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On the heels of the new rule for the H-2A program impacting nonimmigrant agricultural workers that took effect late last year, the Department of Labor recently published a follow-up rule introducing the methodology that...more

Bond Schoeneck & King PLLC

New York Lowers Overtime Threshold for Agricultural Workers

On Sept. 30, 2022, State Labor Commissioner Roberta Reardon announced that she has accepted the New York Farm Laborers Wage Board’s recommendation to lower the overtime threshold for agricultural workers from 60 hours down to...more

Fisher Phillips

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

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As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

Fisher Phillips

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

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Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

Jackson Lewis P.C.

Farm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds

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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...

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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

Miller Nash LLP

OT for Ag(ricultural) Workers – Oregon, Washington, and California

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Agricultural ("ag") workers on the West Coast must now be paid overtime. Oregon The Oregon legislature passed what some called the “most divisive” bill of the short 2022 legislative session, requiring agricultural farmworkers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon Legislation Addresses Workers’ Compensation and Overtime Issues for Agricultural and Manufacturing Employees

The primary employment-related bills passed in Oregon’s 2022 legislative session relate to pay equity and the Workplace Fairness Act. Oregon employers in particular sectors may also want to be aware of recently passed and...more

Tonkon Torp LLP

Potential 2022 Legislation Impacting Employers

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The Oregon Legislature has begun its 2022 Regular Session and we want to make you aware of a number of interesting bills which could impact the employment arena. It is too early to know which of these, if any, will become...more

Farella Braun + Martel LLP

[Webinar] Preparing Your Cannabis Business for California’s New Employment Laws in 2022 - February 22nd, 10:00 am - 11:00 am PT

Each year in California, the new year brings new employment laws for businesses to follow. This is a good time for cannabis employers to evaluate their policies and practices to ensure they keep pace with these changes. ...more

Farella Braun + Martel LLP

[Webinar] Preparing Your Wine Business for California’s New Employment Laws in 2022 - February 16th, 10:00 am - 11:00 am PT

Each year in California, the new year brings new employment laws for businesses to follow. This is a good time for wine business employers to evaluate their policies and practices to ensure they keep pace with these changes. ...more

Fisher Phillips

Take Note H-2A Employers: Labor Department Proposes New Methodology to Calculate Wage Rates

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The Department of Labor recently announced a proposal to change the methodology of the hourly Adverse Effect Wage Rate (AEWR) for temporary nonimmigrant agricultural workers in the H-2A Program for all occupations other than...more

BCLP

Changes and Developments in California Employment Laws for 2022

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As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

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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

Fisher Phillips

In a Win for Agricultural Employers, Federal Appeals Court Gives Green Light To H-2A Laborer Arbitration Agreements

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A west coast federal appeals court just opened the door for H-2A employers to enforce arbitration agreements in employment disputes even outside the context of a collective bargaining agreement. The Ninth Circuit Court of...more

Husch Blackwell LLP

CDLE Proposes New Rules: PTO, Use It or Lose It, and Overtime Exemptions

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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

Seyfarth Shaw LLP

Warehouse Quota Bill Signed, Agricultural Worker Card Check Bill Vetoed

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Seyfarth Synopsis: Governor Gavin Newsom has approved AB 701, which will impose notice and other requirements on employers of employees subject to quotas in large California warehouse distribution centers, and has vetoed AB...more

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