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CDF Labor Law LLP

Ninth Circuit Provides Relief from Client Employer or Joint Employer Status for Produce Distributor

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The Ninth Circuit gave short shrift to employees’ claims that an intermediary in the commerce of strawberries was responsible for paying the farmworkers’ wages under a creative legal theory that the intermediary was a “client...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

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

Holland & Knight LLP

Food and Beverage Law Update: July 2021

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"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...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

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

Schwabe, Williamson & Wyatt PC

Aftermath of Martinez-Cuevas v. DeRuyter Brothers Dairy: ESSB 5172 and Overtime Pay for Agricultural Workers

Washington’s Supreme Court disrupted the state’s agricultural industry on November 5, 2020, when it held that the agricultural overtime exemption at RCW 49.46.130(2)(g) violated the state’s constitution as applied to dairy...more

Perkins Coie

Washington Supreme Court Grants Overtime Protections to Dairy Workers Under the State Constitution

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In a 5-4 decision, a divided Washington Supreme Court ruled that dairy workers are entitled to overtime pay under Washington law if they work more than 40 hours a week, nullifying an exemption to the Washington Minimum Wage...more

Fisher Phillips

Washington Supreme Court Grants Dairy Workers Overtime Pay As Fundamental Right, Raising Concerns For Agricultural Employers

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In a sweeping 5-4 opinion last week, the Washington Supreme Court held that dairy workers are entitled to overtime pay, concluding that a state statutory exemption violated the Washington State Constitution. For the previous...more

Davis Wright Tremaine LLP

Washington State Supreme Court Rules Dairy Workers Entitled to Overtime

Dairies in Washington must pay workers overtime wages, based on a Washington Supreme Court decision issued November 5, 2020. Under Washington state law, employers must pay at least the applicable minimum wage for all hours...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Maynard Nexsen

Bet-the-Farm Litigation - Key Legal Issues in Farming Operations

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Companies might bet-the-company while executives might bet-the-career. But in Eastern North Carolina, agribusiness might force a farmer to bet-the-farm. North Carolina has more than 50,000 active farms, averaging nearly 170...more

Conn Kavanaugh

Massachusetts Supreme Judicial Court Ruling on Farming Overtime Pay is a Cautionary Tale for All Employers

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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

Littler

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

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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

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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

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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

Sheppard Mullin Richter & Hampton LLP

5 New Laws: California Governor Approves Employee-Friendly Laws

The 2017 California Legislature adjourned on September 15, 2017, and resulted in more than 700 bills being sent to Governor Jerry Brown’s desk for approval. Although the deadline for the Governor to sign new bills into law...more

Holland & Knight LLP

Food and Beverage Law Update: December 2016

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Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...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

Carlton Fields

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

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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

Littler

California Legislative Update: It's Now Up To The Governor

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The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

Littler

Venezuela: Nuevo Programa de Emergencia Obliga a los Patronos a Proporcionar Trabajadores a Empresas Estatales

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El Ministerio del Trabajo en Venezuela ha publicado en la Gaceta Oficial un programa de trabajo forzoso, que exige a los patronos del sector público y privado proporcionar trabajadores a empresas estatales, como una especie...more

Littler

Venezuela: New Emergency Program Forces Employers to Supply their Workforce, on Demand, to Benefit State-Owned Entities

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Venezuela’s Ministry of Labor has enacted the establishment of a forced labor program, which will require public and private sector employers to supply their workers as “temporary loans” to State-owned companies to boost the...more

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