The U.S. Department of Labor has released the "Improving Protections for Workers in Temporary Agricultural Employment in the United States" final rule, effective June 28, 2024. This rule seeks to enhance protections for temporary agricultural workers in the H-2A program by introducing several changes that will impact H-2A employers. Below is a summary of some of the key changes. Worker…
Join us for the third in a series of webinars brought to you by Agribusiness Committee of the California Lawyers Association, Business Law Section. This installment focuses on why arbitration agreements still matter. Our speaker, Elise O'Brien, a Director from Fennemore LLP, will discuss who's left (with PAGA) standing after Adolph v. Uber and why arbitration agreements still…
Western Growers has submitted detailed comments to the Agricultural Labor Relations Board (ALRB) regarding the proposed regulations for implementing Assembly Bill No. 113 (AB 113). Below is a summary of key points in the comments: Urgency of Finalizing Regulations: Western Growers emphasizes the importance of promptly finalizing the regulations, noting considerable delays since the initial…
On April 24, 2024, with a 3-2 vote, the Federal Trade Commission (FTC) moved to ban most noncompete agreements for most workers. This move, which follows a proposal introduced in January 2023, was opposed by two dissenting commissioners who argued that the FTC lacks the authority to enact such a rule. The Non-Compete Clause Rule explicitly prohibits nearly all noncompete clauses for…
On April 23, 2024, the Department of Labor (DOL) announced a significant update to the overtime exemption criteria under the Fair Labor Standards Act (FLSA). This new rule will escalate the minimum salary thresholds needed for certain employees to qualify for overtime exemptions. The DOL is rolling out its new overtime regulation in two phases, with the first salary threshold increase occurring…
California is contemplating a landmark bill, known as AB 2751, which would establish a "right to disconnect" for virtually all workers, granting them the liberty to ignore work-related communications outside of their scheduled hours. This legislation, a first of its kind in the U.S., aims to enhance work-life balance by allowing employees to unplug from work during off-hours. Employers,…
A US district court has turned down a request to delay the start of new immigration fee increases scheduled for April 1. This request was made by a coalition of business groups and an EB-5 investor from Canada. They wanted to hold off on the new charges until their legal case was sorted out. On January 31, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule in…
The U.S. Chamber of Commerce, alongside other business groups, has initiated legal action against the Department of Labor's (DOL) latest regulation concerning the classification of workers as either employees or independent contractors. Filed on March 5 in the U.S. District Court for the Eastern District of Texas, the lawsuit challenges the rule that took effect on March 11, which revises the…