Search Results for: workers comp

Workers’ Compensation and Agriculture

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I recently wrote an article for Progressive Cattleman outlining workers’ compensation laws and agriculture.  This is a complex area of law, and the rules differ by state, but it is extremely important for farmers and ranchers and employees to be aware of the law in their state. To read the article, click here. (Note:  You may remember from a prior Weekly Round Up that the New Mexico Supreme Court recently held that the agricultural laborer exclusion to the NM Workers’ Compensation law was unconstitutional.  This article was written prior… Read More →

New Mexico Court of Appeals: Agriculture Exclusion to Workers’ Compensation Act Unconstitutional

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A recent decision by the New Mexico Court of Appeals is receiving much attention from the agricultural industry.  In Rodriguez v. Brand West Dairy, the New Mexico Court of Appeals held that a provision excluding  farm and ranch laborers from coverage is  unconstitutional as it violates the Equal Protection Clause of the New Mexico Constitution.  [Read full opinion here.] Factual Background Two agricultural laborers were injured during their employment in the New Mexico agriculture industry.  Aguirre was injured while picking chile for M.A. & Sons Chili Products.  Rodriguez was… Read More →

FTC Bans Most Non-Compete Agreements

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**UPDATE:  A federal court in Texas set aside this rule in August 2024 on a nationwide basis.  Read more here. On April 23, 2024 the Federal Trade Commission (FTC) announced its Final Non-Compete Clause Rule banning most non-compete clauses in the United States. The Rule is set to go into effect on September 4, 2024. What are Non-Compete Clauses? The Rule defines a non-compete clause as a term or condition of employment that prohibits a worker from, penalized a worker for, or functions to prevent a worker from:… Read More →

2019 Year in Review – Texas

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Once again, it’s been a busy year for agricultural law in Texas. There were a number of potential cases that I could have included on this list, but I’ve decided to focus on three key agricultural law cases for which the Texas Supreme Court granted petitions for review in 2019. Garcia v. Pruski (Fence Law) In this important fence law case out of Wilson County, the San Antonio Court of Appeals addressed legal issues related to a bull getting hit on the highway.   [Read prior blog post here.]  Two key… Read More →

Death of Ranch Hand Raises Important Legal Issues

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**UPDATE:  On December 13, 2019, the Texas Supreme Court granted the petition for review.  Oral argument is scheduled for January 30, 2020.** A recent opinion in Zuniga v. Waak from the Houston (1st Dist.) Court of Appeals raises important issues regarding Texas law related to agricultural operations.  First, the case addresses the scope of the Texas Farm Animal Liability Act when an employee is injured.  Second, the case illustrates important considerations with regard to workers compensation insurance coverage.  [Read Opinion here.] Background Defendants own a ranch in Fayette County where… Read More →

July 8, 2016 Weekly Round Up

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Here are some of the agricultural law stories in the news this week. * NM Supreme Court Holds Agricultural Exemption to Workers Compensation Law Unconstitutional.  Last week, the New Mexico Supreme Court affirmed the Court of Appeals holding that an exemption excluding farm and ranch laborers from mandatory workers compensation coverage was unconstitutional.  [Read full opinion here.]  I previously wrote a blog post explaining this issue and outlining the Court of Appeals opinion.  To read that, click here.  Although the Court agreed that the provision was unconstitutional, it… Read More →

BREAKING NEWS: TX and NM Supreme Court Rulings Impact Agriculture

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Well it turned into a busy week for ag law right at the last minute and after I posted the weekly round up.  Major actions from the Texas and New Mexico Supreme Courts that have major impacts on the agriculture industry in both states. First up, the Texas Supreme Court will NOT hear the appeal in Texas Farm Bureau v. Texas Commission on Environmental Quality.  This case arose during the drought of 2012 when there was a shortage of water on the Brazos River.  Dow Chemical had a 1942 water right… Read More →

December 20, 2024 Weekly Round Up

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We have reached our final Weekly Round Up of 2024.  We would like to take a moment to thank all of you who read the Texas Agriculture Law Blog.  We appreciate your support of our work and your interest in agricultural law. With that, let’s jump into the stories in the news the past couple of weeks. *”The path forward is not remotely clear” on aid package for agriculture.  Congress has gone back to the drawing board on a spending bill that would fund the government and include… Read More →

Texas Supreme Court Rules in Case Involving Damages to Trees

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The Texas Supreme Court recently issued an opinion in Texas Department of Transportation v. Self, a case regarding compensation for landowners when the State cut down trees on their property while maintaining an adjacent easement.  [Read Opinion here.] Background Mark and Birgit Self own a tract of land in rural Montague County.  Their property adjoins Farm-to-Market Road 677 and extends to the centerline of the road.  The State of Texas has a right-of-way easement extending 50′ from the centerline of the road in either direction.  This easement burdens… Read More →

Court Sides with Landowner in Fence Law Case Following Collision on Highway

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The First Court of Appeals in Houston recently issued an interesting opinion in Arraby Properties, LLC, v. Brown, a case where a driver collided with a cow on a state highway.  [Read Opinion here.]  The case highlights several important points related to fence law and also includes a dissenting opinion that is likely concerning to both landowners and livestock owners alike. Background Paul Brown was driving home from work when he hit a cow on State Highway 225 in Harris County, Texas.  He was diagnosed with mild cognitive… Read More →