Samantha Mikolajczyk Archives - National Agricultural Law Center
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Independent Contractors v. Employees

Various state and federal laws require agricultural employers to classify their workers to help determine the legal responsibilities that the employer...

Workers’ Compensation for Agricultural Workers

According to the National Institute for Occupational Safety and Health, agriculture is one of the most dangerous industries to work in....

Collective Bargaining Rights for Farmworkers

When the federal National Labor Relations Act was passed, it guaranteed collective bargaining power to all workers in the United States....

Procedures: Personal and Subject Matter Jurisdiction

In order to hear cases, a court must have jurisdiction over both the parties to the lawsuit and the subject matter...

Procedures: Motions

During litigation, it is common for parties to make formal requests by filing documents with the court. These requests are called...

Procedures: The Routes that a Dispute Can Take

When someone has a civil dispute against another person or entity, the path the dispute resolution will take is not always...

Procedures: Federal Preemption

The Constitution of the United States is made up of hundreds of clauses. Article VI is known as the Supremacy Clause...

Equal Employment Opportunities for Agricultural Workers

Several federal laws protect workers by ensuring equal access to job opportunities. These laws prevent employers from discriminating against potential and...

Rights of H-2A Workers

H-2A agricultural guest workers (“H-2A workers”) are in the United States as part of a visa program for short-term agricultural labor...

Procedures: How a Bill Becomes a Law

Most people have seen the Schoolhouse Rock! musical “I’m Just a Bill” which does a great, and entertaining, job of explaining...

Procedures: The First Amendment and Agriculture

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of...

Child Labor Laws

It is common practice in the agricultural community for children and teens to work on a farm or ranch.  In many...

Basics of International Trade: Federal Agencies & Trade Laws

International markets are important for many United States agricultural products. Trade agreements with various countries provide new market opportunities for United...

Resources for Underserved Communities: Highlight on Ag Worker Exposure to Pesticides & Heat

According to the United States Department of Agriculture (“USDA”) around 70% of farm workers are Black, Indigenous, People of Color (“BIPOC”)....

Basics of International Trade: Non-Tariff Barriers to Trade & the WTO

International markets are important for many United States agricultural products. Trade agreements with various countries provide new market opportunities for United...

Changes to State Overtime & Minimum Wages for the Agriculture Industry

Introduction The Fair Labor Standards Act (“FLSA”) is a law passed by Congress that, among other things, sets the federal standards...

Basics of International Trade: Tariffs

International markets are important for many United States agricultural products. Trade agreements with various countries have provided new market opportunities for...

Resources for Underserved Communities: Highlight on Agricultural Workers

Agricultural farmworkers make up about 1% of the workforce, providing about 2.6 million jobs. Of these workers, twenty percent have a...

DOL Proposes Changes for H-2A Wage Rates

The Department of Labor (“DOL”) is trying to change the rules surrounding the wage rates of H-2A temporary foreign workers (“H-2A...

Department of Homeland Security Makes Changes to Immigration Enforcement

The Department of Homeland Security (“DHS”) was created in 2002 and is responsible for, among other things, border security, administration, and...