A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more
4/17/2025
/ Administrative Law Judge (ALJ) ,
Agricultural Workers ,
Article III ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Foreign Nationals ,
Foreign Workers ,
H-2A ,
Hiring & Firing ,
Jury Trial ,
Penalties ,
Seventh Amendment
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
12/12/2024
/ Affirmative Action ,
Agricultural Sector ,
Analytics ,
Artificial Intelligence ,
California ,
Car Dealerships ,
Construction Industry ,
Construction Workers ,
Cybersecurity ,
Data Privacy ,
Educational Institutions ,
Employee Benefits ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Federal Labor Laws ,
Foreign Workers ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
International Labor Laws ,
Labor Reform ,
Labor Relations ,
Manufacturing Employers ,
Mexico ,
Non-Compete Agreements ,
Pay Equity Laws ,
Professional Employer Organization ,
Retailers ,
Sports ,
Staffing Agencies ,
State Labor Laws ,
Student Athletes ,
Technology Sector ,
Trade Secrets ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
Welcome to FP Snapshot on Agriculture, where we take a quick look at a recent significant workplace law development with an emphasis on how it impacts employers in the agricultural industry. This edition focuses on the...more
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
7/18/2024
/ Agricultural Sector ,
Agricultural Workers ,
Chevron Deference ,
Government Agencies ,
H-2A ,
Loper Bright Enterprises v Raimondo ,
Regulatory Oversight ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour ,
Workplace Safety
With California once again expecting extreme heat conditions this summer, state officials are ramping up efforts to protect agricultural workers by punishing employers who don’t comply with heat standards. The state is...more
6/25/2024
/ Agricultural Workers ,
Cal-OSHA ,
California ,
Farm Workers ,
Health and Safety ,
Heat Exposure ,
Occupational Exposure ,
State Labor Laws ,
Workers' Compensation Claim ,
Workplace Injury ,
Workplace Safety
The U.S. Department of Labor just released a final rule that will expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s capabilities to monitor and enforce program compliance. The DOL...more
4/30/2024
/ Agricultural Sector ,
Agricultural Workers ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Final Rules ,
Foreign Workers ,
H-2A ,
Hiring & Firing ,
Temporary Employees ,
Termination for Cause ,
Visa Applications
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
4/19/2024
/ Agricultural Sector ,
Agricultural Workers ,
California ,
Employer Liability Issues ,
Farm Workers ,
Federal Funding ,
H-2A ,
New Rules ,
Notice Requirements ,
Union Organizers ,
Unions ,
Wage and Hour ,
Wage Theft ,
Written Notice
Governor Newsom recently signed a bill into law clarifying that a single alternative to the traditional secret ballot method – an alternative known as the “card check” election – may be used for unions to organize at...more
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
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
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
A new decision by the California Agricultural Labor Relations Board increases the stakes for employers who are found to have willfully misclassified its employees, as the Board deployed a powerful weapon in its arsenal for...more
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
Adding to the burden on employers leveraging the H-2 visa, the Department of State just published its own proposed rule outlining that this H-category of visa fees will jump from $190 to $310. This mimics additional burdens...more
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
11/11/2021
/ Agricultural Sector ,
Agricultural Workers ,
Arbitration ,
Arbitration Agreements ,
Economic Duress ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Foreign Workers ,
H-2A ,
Undue Influence Claims ,
Wage and Hour ,
Work Visas