Author Archives: Daniel Rogers

The Changing Landscape For Agricultural Employers

On November 5, 2020, the Washington Supreme Court struck down the overtime exemption for dairy workers in Martinez-Cuevas v. DeRuyter Brothers Dairy. The decision upended the expectations of dairy farm employers based on the historical exemption for agricultural workers that had been in place for nearly a half-century. The court’s decision has far-reaching implications for agricultural employers from dairy farmers to winegrowers and everyone in between. Although the court’s decision only addressed overtime exemptions for dairy workers, agricultural employers have … Continue reading

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Rotational Employees Are Not Afforded More FMLA Leave Than Traditional Employees

Good news from the Ninth Circuit Court of Appeals for employers in the maritime industry and other employers who utilize rotational schedules for employees. When calculating FMLA continuous leave, the Department of Labor (DOL) has long applied the definition of “workweek” to mean a week that an employee actually worked or would have worked, had he or she not been on FMLA leave. This resulted in weeks a rotational employee would have been off not being counted in the employee’s … Continue reading

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Posted in FMLA, Uncategorized | Leave a comment