DOL Reinstitutes Use of Opinion Letters

June 27th, 2017

The U.S. Department of Labor (DOL) announced today that it will return to the practice of issuing opinion letters to provide guidance to employers and employees on questions arising under the Fair Labor Standards Act.

After 70 years, the DOL stopped issuing opinion letters in 2010 in favor of issuing more broad policy statements known as “Administrator’s Interpretations” – two of which were recently withdrawn.

According to a DOL news release, “Reinstating opinion letters will benefit employees and employers as they provide a means by which both can develop a clearer understanding of the Fair Labor Standards Act and other statutes,” said U.S. Secretary of Labor Alexander Acosta.  “The U.S. Department of Labor is committed to helping employers and employees clearly understand their labor responsibilities so employers can concentrate on doing what they do best: growing their businesses and creating jobs.”

An opinion letter is an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer, employee or other entity requesting the opinion.  

“This is a welcome announcement for employers and employees alike. Western Growers is pleased that Secretary Acosta has resumed the DOL’s long-standing practice of issuing opinion letters. These letters give extremely useful agency guidance on often complex wage and hour issues,” said Jason Resnick, Vice President and General Counsel for Western Growers.

The Wage & Hour Division has established a webpage where the public can see if existing agency guidance already addresses their questions or submit a request for an opinion letter. The webpage explains what to include in the request, where to submit the request, and where to review existing guidance.

For more information, please contact Jason Resnick at (949) 885-2253.  

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Office of Foreign Labor Certification to Host H-2A Webinar Tomorrow June 28

June 27th, 2017

On Wednesday, June 28, 2017 at 11:00 a.m. PDT, the Office of Foreign Labor Certification will host a webinar to educate stakeholders, program users, and other interested members of the public on recent program workload trends, common deficiencies and best practices associated with employer requests for H-2A applications for temporary labor certification.

The objective for the webinar will be to provide technical assistance to employers and, if applicable, their authorized attorneys or agents that will improve the quality of applications submitted to the OFLC by:

  • Discussing recent program updates and initiatives designed to improve case processing and transparency of the decision-making process;
  • Identifying how to avoid common deficiencies or frequent errors when preparing job orders and applications;
  • Providing helpful practice tips to ensure quality job order and applications are submitted for processing.

Event Details
DATE: Wednesday, June 28, 2017 
TIME: 11:00- 12:30PM Pacific Daylight Time 
FORMAT: Webinar & conference call capability will be provided to maximize participation

CLICK HERE for conference call info, directions and password

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US Agencies Begin Two–Step Rulemaking Process to Redefine WOTUS Definition

June 29th, 2017

In an effort to return power to the states and provide regulatory certainty to farmers and businesses, the Environmental Protection Agency, Department of Army, and Army Corps of Engineers have taken the first of a two-step process to redefine ‘waters of the U.S.’ (WOTUS). President Trump issued an Executive Order this past February clearing the way for the initiative.

The proposed rule would rescind the change made to the definition by the Obama Administration, re-codifying the regulatory text to language that existed prior to 2015. The process will take some time to complete, partly because it includes a public comment and review period to help reduce the number of expected court challenges. Public comments are due 30 days from the date of the publication of the rulemaking notice, which is expected any day. As of today, the notice has not been published. 

Once finalized, presumably sometime this fall, the agencies will embark on the process of creating a new rule that involves a re-evaluation and revision of the definition of “waters of the United States” in accordance with the Executive Order.

For more information, contact Dennis Nuxoll at (202) 296-0191.  

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Immigration Enforcement Bill Advances in California Senate

June 29th, 2017

This week, after receiving the bill from the California Assembly, the Senate Industrial Relations and Labor Committee advanced AB 450, legislation that puts private employers in a no-win situation between federal immigration enforcement and state enforcement by punishing employers who voluntarily comply with federal authorities. As has been previously communicated, Western Growers is part of a large coalition opposed to the bill. The bill will be considered next in the Senate Judiciary Committee.

Yesterday, Matthew Allen, Director of California Government Affairs in WGs’ Sacramento office, offered testimony opposing the bill before the Senate Labor Committee.  View part of Matthew’s testimony before the Senate Labor Committee.  

Disguised as a workers’ rights bill, AB 450 offers employees no meaningful protection from deportation or helpful information. Instead, the bill aims to severely penalize employers that voluntarily comply with federal enforcement authorities on I-9 audits and other immigration related inspections.

AB 450 prohibits an employer from cooperating with federal authorities and forbids an employer from granting access to a place of employment by an immigration enforcement agent without judicial warrant. The bill also requires employers to issue notifications to employees and to the labor commissioner regarding immigration enforcement activities. Employers would be subjected to fines of not less than $2,000 and up to $10,000 for each violation of the bill’s provisions.

Western Growers is committed to protecting the agriculture workforce. As such, we will continue to fight for a suitable and proper solution to labor issues through the passage of federal immigration reform legislation.

For more information, contact Matthew Allen at (916) 446-1435. 

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Western Growers Honors Achievements of Agricultural Pioneer David Gill

June 26th, 2017

WG will award David Gill the prestigious 2017 Award of Honor on October 30

IRVINE, Calif. (June 26, 2017) – Western Growers will honor David Gill, who has become one of the agricultural industry’s most distinguished pioneers, with the 2017 Award of Honor. The Award of Honor is Western Growers’ highest recognition of industry achievement and is given to individuals who have contributed extensively to the agricultural community.

“I’ve seen the caliber of individuals who have received this award in the past, and I’m truly honored to be this year’s recipient,” said Gill. “I’m the kind of person who keeps his head down and does what I feel is right – working hard, doing a good job and treating people with fairness and respect. I’m humbled by this honor, and it’s an incredible privilege.”

Gill’s visionary leadership has played an integral role in the success of Rio Farms, Gills Onions, Growers Express, True Leaf Farms – Church Brothers Farms, American Farms, G&H Farms and Mission Ranches, growing the capacity of each company to bring fresh produce to the state, nation and world. After suffering a horrific helicopter accident in 1998 that left him with a broken neck and back, Gill fought against the odds and went on to win the AT&T Pebble Beach Pro-Am 14 months later, demonstrating to millions the resiliency and determination that friends and colleagues in agriculture have long admired. Gill’s accident also gave him a renewed sense of purpose: To put an even stronger emphasis on giving back to both the industry and community.

“David’s compelling life story and incredible achievements are a testament to his commitment to agriculture,” said Tom Nassif, President and CEO of Western Growers. “His drive and perseverance are inspiring, and his impact will echo throughout the industry for years to come.”

Gill has been a strong advocate for the industry, routinely reaching out to Congress and the state legislature on ag’s most pressing concerns such as labor, water and regulatory compliance issues. He is deeply engaged in the industry and generously donates his time as chairman of the Hartnell College Ag Steering Committee, and actively participates in leadership roles within the Grower-Shipper Association of Central California, California Farm Bureau Federation, Produce Marketing Association and Western Growers. Gill served as Chairman of Western Growers in 2001 and remains an influential voice on the WG Board of Directors.

“I first met David in 1971 when we were both playing football at Cal Poly,” said Steve Barnard, ‎President and CEO of Mission Produce Inc. and Gill’s longtime friend and colleague. “David is one of the most generous, successful and unassuming champions in our industry.”

A King City-native, Gill is also heavily involved in the community, providing guidance to the next generation of leaders as chairman of the board for the First Tee of Monterey County and avid supporter of King City Young Farmers, Boy Scouts of America and the Future Farmers of America.

“David is the most generous person I know,” said Jamie Strachan, CEO at Growers Express. “His sense of giving to kids, community and industry is matched only by his competitive will and his unrelenting talent for negotiation. These remarkable combinations make him a revolutionary force in our business.”

Gill’s achievements and service to the industry will be recognized at the Award of Honor Dinner Gala at the Western Growers 92nd Annual Meeting on Monday, October 30, 2017, in Las Vegas, Nevada. There, Gill will be honored by his peers, friends and family. To attend the ceremony, visit http://www.wgannualmeeting.com/.

About Western Growers:
Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in Arizona, California, Colorado and New Mexico. Our members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including nearly half of America’s fresh organic produce. Some members also farm throughout the U.S. and in other countries so people have year-round access to nutritious food. For generations, we have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on our Twitter and Facebook.

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Produce Packaging Seminar Offers Latest Information on Packaging Law and Design

June 1st, 2017

Stay fresh with the latest information on packaging law and design by attending one of two upcoming Produce Packaging Seminars: June 7, 2017, in Visalia or June 20, 2017, in Sacramento. 

In the fresh produce industry, where products are perishable, food safety is critical, margins are tight, regulations are abundant, retailers are demanding and consumers are fickle, the challenges to creating the perfect package are considerable. From lost sales to product recalls to litigation and government actions, the costs of an imperfect package can also be considerable. The Produce Packaging Seminar will provide Western Growers members with the latest information on packaging law and design.

This half day seminar will delve into topics such as intellectual property and the importance of protecting your brand, food labeling compliance and the risks of litigation, offerings in packaging materials and choosing them wisely, and design techniques that make products stand out and engage consumers.

The seminar series, which is offered free of charge, is sponsored by Western Growers. Seminars will be held at the following locations and dates:

Wednesday, June 7: Wyndham Hotel – 9000 W Airport Dr, Visalia, CA 93277

Tuesday, June 20: Downey Brand LLP – 621 Capitol Mall # 18, Sacramento, CA 95814

All sessions will be from 9:30 a.m. to 3:00 p.m., and include lunch.

CLICK HERE TO REGISTER

For the full agenda or additional information, please visit www.producepackagingseminar.com. 

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Best-Selling Author P.J. O’Rourke Slated to be Annual Meeting PAC Luncheon Speaker

June 8th, 2017

P.J. O’Rourke, America’s premier political satirist and the best-selling author of 17 books, will be the PAC Lunch speaker during Western Growers 92nd Annual Meeting in Las Vegas on October 31. O’Rourke will comment on the inner workings of Washington bureaucracy and the shifting political and economic landscape. His razor sharp insights on national and world affairs never fail to inform and entertain, and audiences may be left in tears from laughter.

With more citations in The Penguin Dictionary of Humorous Quotations than any other living writer, O’Rourke is one of the nation’s most established writers. His best-selling books include Parliament of Whores, Give War a Chance, Eat the Rich, The CEO of the Sofa , Peace Kills, On the Wealth of Nations, and Driving Like Crazy, Don’t Vote—It Just Encourages the Bastards, and the most recent Holidays in Heck. Both Time and The Wall Street Journal have called him “the funniest writer in America.” He frequently appears on television, and is a regular panelist on National Public Radio’s Wait, Wait, Don’t Tell Me.

Don’t miss P.J. O’Rourke and other exceptional speakers at Western Growers’ 92nd Annual Meeting on October 29 – November 1, 2017. This year’s meeting will provide discussion on the latest topics from leading authorities impacting the agricultural industry, including healthcare reform, immigration, tech innovation, and growth of the cannabis industry. Event schedule can be found here.

If you haven’t already registered for the Annual Meeting, take the time to do so now. Registration slots and hotel rooms traditionally go fast so we encourage you to reserve your spot today.

CLICK HERE TO REGISTER FOR THE ANNUAL MEETING

For all further inquiries and meeting details, please contact Cheryl Hall at [email protected]. 

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Reminder – Western Growers’ Offices Closed for Independence Day

June 29th, 2017

Western Growers would like to remind members that our offices will be closed on Monday, July 3, and Tuesday, July 4, in observance of Independence Day. Western Growers wishes you and your families a very happy, safe and enjoyable holiday weekend!

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Western Growers Earns Second $30K AgTech Innovation Grant from Wells Fargo

June 30th, 2017

IRVINE, Calif. (June 30, 2017) – In a joint effort to accelerate the development of agricultural technologies, Wells Fargo has awarded Western Growers a $30,000 grant for the second year in a row. The grant was presented at a private luncheon at the Western Growers Center for Innovation & Technology during the 2017 Forbes AgTech Summit on June 29.

Last summer, Western Growers received an initial grant from Wells Fargo which was used to create scholarships for start-up companies who were looking to advance their innovations by joining the Western Growers Center for Innovation & Technology—an agriculture technology incubator in Salinas, Calif. Past scholarship recipients include AgVoice, Ayrstone Productivity, Food Origins, Harvesting Inc, HeavyConnect, Intelligent Wireless Networks, PastureMap, Soft Robotics and Wexus Technologies.

This year’s grant will again be used to further assist entrepreneurs in bringing their technologies from development to market. Additionally, Wells Fargo, the largest banking and lending organization in the U.S. commercial agriculture sector and a leader in environmental sustainability, will continue to lend critical sector expertise as well as leverage its Foundation to help speed up commercialization for agtech startups.

“Western Growers and the Center for Innovation and Technology are most appreciative of the generous award from the Wells Fargo Foundation to support our agtech innovation efforts,” said Hank Giclas, Western Growers’ Senior Vice President, Strategic Planning, Science & Technology. “Their support will be key in providing the resources needed to support startups innovating technological solutions to the ag industry’s most pressing issues.”

Start-up companies that are awarded a scholarship will have access to a hot desk or workstation at the Center for Innovation & Technology for one year, and will receive all the benefits of being a Western Growers’ member and resident of the Center. They will have access to routine classes, workshops and networking opportunities—all designed to provide them with the business and legal knowledge and customer connections they need to bring their technology from development to production. They will also be offered the amenities of a traditional office, including internet and phones, printers and copiers, meeting and conference rooms, and cutting-edge technology to live stream events and presentations.

Scholarships, which will be funded through the Western Growers Foundation, will be awarded based on financial need, utility to industry, business model and market potential, among other criteria. The 2,800 square-foot Center for Innovation & Technology currently houses 38 startups and the scholarship will support 10 additional technology companies seeking to receive a coveted spot in the incubator. The Center would not be possible without sponsors and partners such as Wells Fargo.

“Wells Fargo is proud to continue its support to Western Growers and the Center for Innovation and Technology,” said Ashley Grosh, Vice President and Manager of Environmental Philanthropy for Wells Fargo. “The business support and launch pad services these entrepreneurs are receiving through this program is a critical step to ensuring these important agriculture technologies have a strategic path to the commercial market.”

To apply for the scholarship or to learn more about the Center for Innovation & Technology, contact Hank Giclas at [email protected].

Click here to download hi-res images of Wells Fargo presenting the award to Western Growers.

About Western Growers:
Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in Arizona, California and Colorado. Our members and their workers provide half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. For generations we have provided variety and healthy choices to consumers. Connect with and learn more about Western Growers on our Twitter and Facebook. 

About Wells Fargo CleanTech Group:
A leader in reducing its own greenhouse gas emissions and operating sustainably, Wells Fargo has been recognized by the U.S. Environmental Protection Agency’s Center for Corporate Climate Leadership, the Carbon Disclosure Project and the U.S. Green Building Council. Since 2005, Wells Fargo has provided more than $52 billion in environmental finance, supporting sustainable buildings and renewable energy projects nationwide. This includes investments in more than 300 solar projects and 47 wind projects that generate enough clean renewable energy to power hundreds of thousands of American homes each year. For more information, please visit: www.wellsfargo.com/about/csr and the Wells Fargo Environmental Forum.

Wells Fargo is committed to supporting innovation and entrepreneurs to help small businesses grow. In May 2014, the company introduced Wells Fargo Works for Small Business SM, a broad initiative to deliver resources, guidance and services to help more small businesses achieve financial success. In August 2014, Wells Fargo launched The Wells Fargo Startup Accelerator, a semiannual boot camp for young companies to help commercialize ideas and begin selling effectively into the enterprise marketplace and/or the financial services vertical.

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