News & Analysis as of

Agricultural Sector Wage and Hour

Maison Law

California Agricultural Worker's Rights

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Agriculture is an essential sector for the development and continued sustenance of any State and thus should be treated with the respect it deserves. This is why California has been enforcing various laws aimed at protecting...more

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

Oregon Enacts Several New Labor and Employment Laws: What Employers Need to Know

Governor Kotek signed House Bill (HB) 2541 into law on May 7, 2025. Under HB 2541, certain agricultural workers must now be provided with the same accommodations for the expression of breast milk during work hours that have...more

Harris Beach Murtha PLLC

2025 H-2A Program Updates for Employers

Rescinding the Farmworker Protection Rule, DOL Address Changes, Adverse Effect Wage Rate Updates and Temporary Suspension of Certification Fees - Summer may be synonymous with sand, picnics, grilling and camps, but that...more

Husch Blackwell LLP

Colorado’s 2025 Legislative Session: Key Employment Law Changes and Compliance Updates for Employers

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The 2025 Colorado legislative session concluded on May 7, 2025. This latest session has brought a series of significant updates that are poised to reshape the compliance landscape for employers across the state. Among the...more

Fisher Phillips

Workplace Law Forecast 2025 - Your workplace law recap for 2024 and predictions for 2025 to help you prepare for the coming year.

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As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more

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

Sheppard Mullin Richter & Hampton LLP

The U.S. Department of Labor Provides Guidance for Agricultural Employers on the PUMP Act

As previously discussed here, the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP”) was signed into law on December 29, 2022. PUMP further amends the federal Fair Labor Standards Act (“FLSA”) by extending...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

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

Holland & Knight LLP

60-Day Clock Is Ticking on Prevailing Wage, Apprenticeship Requirements

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President Joe Biden signed the Inflation Reduction Act (IRA) into law on Aug. 16, 2022. The massive legislative package revises policy on taxes, healthcare, agriculture and energy. In particular, the IRA modifies and expands...more

Schwabe, Williamson & Wyatt PC

What Else Happened During COVID: A Recap of Non-COVID-Related Employment Law Changes in Oregon Since 2020

In early 2020, most businesses found themselves unexpectedly pivoting their focus to unprecedented operational, workforce, supply chain, and legal changes in response to the COVID-19 pandemic. Businesses have had to...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 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

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

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

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

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

Jackson Lewis P.C.

Agricultural Exemption Does Not Apply To Activities Entirely Away From The Farm

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To paraphrase the lyrics of the classic nursery song, Old MacDonald had a farm and on that farm he had a cow – and a duck, horse, and chicken (e-i-e-i-o). And, of course, to tend to that livestock Old MacDonald had to have...more

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

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In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),...more

Nutter McClennen & Fish LLP

Union Organizing Raises Special Challenges for the Cannabis Industry

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

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

Coachella’s New COVID-19 Premium Pay Ordinance for Agricultural, Grocery, Restaurant, and Retail Employers

On February 10, 2021, the City Council of Coachella, California, passed the “Premium Pay for Agricultural, Grocery, Restaurant, and Retail Pharmacy Workers Ordinance.” Coachella is located in Riverside County, California....more

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

Cal/OSHA’s ETS Under Scrutiny: California Judge Hears Oral Argument to Enjoin Enforcement

Following the implementation of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) on November 30, 2020, several employers and trade associations filed a...more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

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