Category Archives: Employment/Labor Law

September 16, 2016 Weekly Round Up

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We hope everyone is enjoying some fall weather and football on tv!  Here are some of the agricultural law stories in the news this week. Appellate Court Reverses Decision, Finds EPA Violated Privacy of Farmers and Ranchers.  The United States Court of Appeals for the Eighth has reversed a trial court decision to dismiss a lawsuit filed by National Pork Producers Council and the American Farm Bureau Federation against the EPA for releasing farmers’ and ranchers’ personal information to environmental groups.  This case began when the EPA released… Read More →

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 →

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 →

Extension Fact Sheet: Child Labor Law & Agriculture

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I recently published an Extension Fact Sheet on the subject of child labor laws and agriculture.  This is a complex topic and one of which many producers need to be aware.  To download a copy of the fact sheet, click here.

Pesticide Drift Liability (Part 2): Landowner Liability for Independent Contractor

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In Part 1 of this series, we focused on potential legal claims that could be brought against a landowner if spray drift occurred.  An important related question exists for any farmer or rancher who uses independent contractors, like an aerial applicator for example, to apply the pesticides.  Can the landowner be liable for the acts of his independent contractor?  This is a critical question that has not yet been answered by the Texas Supreme Court.   What is an independent contractor? The starting place for any discussion of… Read More →

Child Labor on the Farm and Ranch

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In preparing for an upcoming presentation, I have been looking into child labor laws in agriculture.  What I’ve learned is that pretty much my entire childhood was illegal!  Because many farmers and ranchers do employ minors to help on weekends or over the summer, understanding child labor laws related to agriculture is extremely important. Source of Laws Laws related to child labor and agriculture are found at both the federal and state levels.  Federally, these rules are found in the Fair Labor Standards Act (FLSA).  Additionally, many states… Read More →

February 19, 2016 Weekly Round Up

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Happy Friday!    Before we get started, one last reminder of the Oil and Gas Leasing Seminar we will be putting on on Monday from 9-12 noon in College Station at the Hildebrand Equine Center (3240 F&B Road, College Station).  There is no required registration, no fees, and we will have parking passes for everyone.  So feel free to join us! Here are some of the agricultural law issues in the news recently. * Bragg case back in court.  The high-profile Texas water law case, Bragg v. Edwards Aquifer Authority, is… Read More →

Farm Labor and I-9 Compliance

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Immigration is an extremely  hot topic in the news right now, and frankly a political issue I don’t want to touch with a 10 foot pole!   However, it is legally required for all employers, including all agricultural operations–be these large agribusinesses or small family farms–with at least one employee to comply with the form I-9 requirements.  I recently published a fact sheet discussing the requirements for employers with regard to I-9.  To access the fact sheet, just click here.