Samantha Mikolajczyk Archives - National Agricultural Law Center
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In: Samantha Mikolajczyk

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...

Legal Update on Federal COVID Vaccine Mandates in the Workplace

UPDATE: On November 12, 2021, the Fifth Circuit affirmed its decision to stay the Labor Department’s rule requiring companies with at...

Procedures: Standing

When bringing a lawsuit, there are various requirements that all plaintiffs must meet. Before a federal court can even address the...

International Agricultural Trade Update: The China Phase One Agreement and the U.S.-Japan Trade Agreement

In 2020 the United States entered into two different trade agreements. The United States and China “Phase One” trade deal (“Phase...

International Agricultural Trade Update: The United States-Mexico-Canada Agreement

On July 1, 2020, the United States-Mexico-Canada Agreement (“USMCA”) went into effect. The new agreement replaces the North American Free Trade...