Attract the Best Employees in Agriculture with WG Compensation Survey

January 23rd, 2018

To attract the top talent in the agriculture industry, it is critical to know how you measure up against employers competing for that same talent. Western Growers is offering members an important tool to help recruit and retain outstanding employees, make key budgeting decisions and plan a competitive total rewards strategy.

Western Growers 2018 Professional Compensation and HR Practices Survey collects data to provide members with crucial information needed to keep compensation competitive—and your participation this year is needed! Every WG member who participates in the surveys will receive these valuable results at no cost (a $2,000 value). Your participation also qualifies you for a chance to win an Apple MacBook Air.

This year’s survey will include:

  • New data for 14 additional plant/office and field worker positions.
  • Details for 84 roles across your entire organization, including executive, sales, marketing, plant, office and field jobs.
  • Compensation and HR practices for over 20 categories, including base pay, health plan coverage, incentive programs, and merit increases.

This is the only compensation survey specific to the California and Arizona specialty crop industry. Participate in this year’s survey by April 16, 2018, for free access to the results report. (The previous deadline was March 31, 2018.)

How the Surveys Works

Each year, Western Growers collects data in two surveys: the Professional Compensation Survey and the HR Practices Survey.

Professional Compensation Survey: collects base pay and variable (bonus) salary data for professional positions in the specialty crop industry. We use an independent, certified compensation specialist to protect the confidentiality of your data.

HR Practices Survey: collects information for performance appraisals, merit increases/merit budgets, bonus/incentive programs, austerity programs, health plan offerings, paid time off and more.

SIGN UP FOR THE SURVEY TODAY!

For more information about this year’s survey, watch the video below.

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Contact Fran Mueseler at (818) 324-0035 or Karen Timmins at (949) 885-2295 for questions. 

WG&S Magazine Now Available Through Digital Flipbook

January 23rd, 2018

WG&S Magazine has been your trusted source for news and updates about the specialty crop industry for nearly 90 years—and now it is available online through a digital flipbook.

In addition to receiving your print edition in the mail, you can now read the entire magazine—cover to cover—online. Click here to access the January/February 2018 edition.

This new format will also allow you to do the following:

  • Download the entire magazine as a PDF.
  • Share the magazine on Faceboook, Twitter, LinkedIn, Tumblr and Google Plus.
  • Directly send the magazine via email.
  • Print an article or the entire edition.
  • Access the full magazine on mobile phones and tablets.

Additionally, Western Growers’ Membership Guide, which outlines all the resources and services available to Western Growers’ members, is now available online here. Contact Ryan Zilker at (949) 885-2249 for questions. 

WG Brings Innovation to Imperial Valley during AgTech Event

January 2nd, 2018

On February 8, Western Growers will be hosting “Innovation in the Imperial Valley,” a lively event where growers, researchers, technologists and entrepreneurs will come together for riveting discussions about future farming technology. This event will feature educational forums and robust networking opportunities while showcasing cutting-edge innovations for the agricultural community.

Innovation and the Imperial Valley will include activities and highlights including:

  • Showcase of AgTech Startups/Technologies
  • Panels on Automation and Water Technology
  • Pitch Session from AgTech Startups
  • Networking
  • Dinner with Keynote Speaker on Innovation
  • Fireside Chat with Leaders in the Imperial Valley

EVENT DETAILS

Innovation in the Imperial Valley
Date: Thursday, February 8, 2018
Time: 3:00pm – 7:30pm PST
Location: Stockmen’s Club – Imperial Valley (275 Marjorie Avenue, Brawley, CA 92227)
Registration: CLICK HERE TO REGISTER

For questions, please contact Dennis Donohue at (831) 594-4883. Additional information about this event can be found here.

Rebalancing Regulatory Policies: Bureau of Reclamation Looks to “Maximize Water Deliveries”

January 4th, 2018

The farmers who make up the heart of Western Growers’ membership are astute businesspeople. They understand the old adage, “Don’t throw good money after bad.” Our members understand that in business, sometimes problems are so intractable, endeavors so futile, that no matter how much more money you sink into a project, the original investment will be lost. Sometimes it is best to simply walk away (or disc up a field, to put it in a farming context).

Likewise, when a course of public policy proves over time to be insufficient to achieve its stated objectives – and actually produces significant economic and social harm – the sensible response is to change course.

It is a history so well-known it is hardly worth repeating. During the state’s recent drought, in an effort to save endangered fish species, federal and state agencies dramatically restricted water deliveries to San Joaquin Valley farms and Southern California communities, sending millions of acre feet of water to the ocean (much of which could have been diverted and stored under the existing, stringent environmental regulations).

The result was the fallowing of hundreds of thousands of acres of farmland and loss of tens of thousands of agriculture-dependent jobs – in a region that contributes nearly $140 billion in total economic activity to the state – but did little, if anything, to restore endangered fish populations in the Delta. In fact, the most recent Delta survey found just two smelt, the lowest number ever recorded. This is in spite of coming off the wettest winter in Northern California history, which caused long periods of exceedingly high water flows into and through the Delta – the environmentalists’ prescription for recovery of the species.

Maybe we have finally reached the point where federal and state regulators can acknowledge that the solution to the Delta’s decline will not be found by myopically shunting more and more water past state and federal project pumps and out to sea. There are a host of other critical factors inhibiting the rebound of Delta smelt and salmon populations, and the estuary as a whole, such as predation, invasive species, wastewater discharges and human development. It’s time we do more than acknowledge these factors. We must stop studying them and actually start tackling them, and we must stop reflexively turning down the knobs on the water projects just because it’s easier than getting serious about other factors.

The Trump administration is now moving to rebalance water management in California, with the U.S. Bureau of Reclamation proposing to “evaluate alternatives that maximize water deliveries” south of the Delta. Predictably, the Bureau’s announcement has caused great consternation among California’s environmental and regulatory communities, who vow to dig in their heels. What many of these environmentalists disregard is actually very important to managing competing priorities in any democracy: balance.

For all of the criticism directed toward Trump during his first year in office, his administration is rightfully attempting to rebalance regulatory policies that have, in their extremeness, failed to achieve their stated objectives and caused collateral human damage along the way.

Farmers in California and across the country feed the world with greater efficiency and stewardship than has ever been observed in the history of mankind. Our ability to feed millions of our brothers and sisters around the globe is unique and worthy of protection. That this administration has changed course in managing the nation’s largest irrigation project is a welcome and overdue acknowledgment that the perpetuation of failed policies serves neither the needs of our people or our ecosystems.

Learn How to Grow 12 Times More Produce During Upcoming Tech Talk Session

January 4th, 2018

Join us for the January 25 Tech Talk® as PowerGrow shares how its innovative Greenhouse as a Service model can help farmers grow eight to 12 times more produce per acre, while using 95 percent less water. PowerGrow, one of 52 start-up companies housed in the Western Growers Center for Innovation & Technology, builds patented, renewable energy-powered, high-tech glass commercial greenhouses that give growers the opportunity to maximize yield, conserve capital, preserve natural resources, solve labor problems and earn greater profits.

During the Tech Talk, the PowerGrow team will explain how the startup designs, finances, builds, owns and operates greenhouses that allow farming operations to deliver locally-grown, fresh produce 365 days a year, regardless of weather. For more information about PowerGrow, read the “PowerGrow Turning Fallowed Land into Financial Success” story in WG&S Magazine and join us for the Tech Talk on Thursday, January 25.

EVENT INFORMATION

PowerGrow Tech Talk®

Date: Thursday, January 25, 2018

Time: 3:00 PM – 4:00 PM PST

Location: Online or in-person.

  • Online: You will be emailed a link when you register.
  • In-person: Western Growers Center for Innovation & Technology (150 Main Street, Suite 130, Salinas, CA 93901)

RSVP: To attend, please register here.

Tech Talks, which are offered at no cost, are hosted by the Center to introduce WG members and the community to the latest innovations. Share your thoughts about Tech Talk or agtech on Twitter with @WG_CIT or join the conversation: #agtech.  

Venture Capitalist, Best-Selling Author Richard Moran to Keynote Imperial AgTech Event

January 18th, 2018

Richard Moran—a San Francisco-based business leader, workplace pundit, bestselling author and venture capitalist—will be the keynote speaker during Western Growers’ Innovation in the Imperial Valley Summit on February 8. Moran will comment on the latest in innovation and the future of agricultural technology.

As a venture capitalist, he has been involved in development of companies, including PopChips and Glu Mobile, during their early stages of growth. He has been credited with creating the category of business bullet books, authored eight best-selling books and is a frequent speaker and contributor on NPR and The Wall Street Journal. He is currently president emeritus of Menlo College in Silicon Valley and serves on the boards of several public and private companies.

Don’t miss Moran’s keynote and other exceptional sessions at the Innovation in the Imperial Valley Summit. Additional event activities and highlights include:

  • Showcase of AgTech Startups/Technologies
  • Panels on Automation and Water Technology
  • Pitch Session from AgTech Startups
  • Networking
  • Fireside Chat with Leaders in the Imperial Valley

EVENT DETAILS

Innovation in the Imperial Valley
Date: Thursday, February 8, 2018
Time: 3:00pm – 7:30pm PST
Location: Stockmen’s Club – Imperial Valley (275 Marjorie Avenue, Brawley, CA 92227)
Registration: CLICK HERE TO REGISTER

The event is sponsored by RDO and Netafim, with partners including Farm Credit, Imperial Valley College, AC Agriculture and Natural Resources and UC Riverside. For questions, please contact Dennis Donohue at (831) 594-4883. 

WG Partners with Phoenix Business Journal to Host Next Generation AgTech Panel

January 23rd, 2018

On February 27, the next generation of farmers will come together to have an in-depth discussion about the challenges currently faced on the farm and the possibilities of the agricultural technology. The “Power Breakfast: AgTech – View from the Farm” event features a panel of future farming leaders in the Arizona region who will share insight on how agriculture and technology are coming together.

The panelists include the following:

  • Sean Duncan, Duncan Family Farms
  • Steve Martori Jr., Martori Farms
  • Trey Rodriguez, The Growers Company, Inc.
  • Kami Weddle, Rousseau Farming Company

This event is part of Western Growers’ ongoing relationship with the Phoenix Business Journal and Silicon Valley Business Journal to help determine how technology can help farmers produce more crops with less resources. Last year, Western Growers and the Silicon Valley Business Journal brought this Power Breakfast series to Gilroy, Calif. where the next generation of local farmers spoke about everything from big data to regulations.

This February 27 event will cover topics such as the following:

  • What’s working and what connections are the agribusiness companies missing?
  • Why aren’t many larger tech companies involved in agtech? What’s holding them back?
  • How will growers engage these tech companies?
  • What is transforming enhanced productivity and product safety?

EVENT DETAILS

Power Breakfast: AgTech – View from the Farm

Date: Tuesday, February 27, 2018

Time: 7:30am –9:30am

Location: Arizona Commerce Authority (118 N 7th Ave #400, Phoenix, AZ 85007)

RSVP: CLICK HERE TO REGISTER

For more information and to register, visit the Phoenix Business Journal event page. Contact Dennis Donohue at (831) 594-4883.

Workshops Now Available to Help Growers Meet FSMA Training Requirements

January 2nd, 2018

Western Growers and AgSafe will be hosting a series of produce safety workshops from January through May to assist California growers in meeting the training requirements under the U.S. Food & Drug Administration (FDA) produce safety regulation. The produce rule requires companies to employ at least one person who has completed the equivalent of this eight-hour class. These classes will be offered in Northern and Central California production areas and will be presented in both English and Spanish.

This eight hour class will cover the following topics:

  • Introduction to Produce Safety
  • Worker Health, Hygiene, and Training
  • Soil Amendments
  • Wildlife, Domesticated Animals, and Land Use
  • Agricultural Water
  • Post-harvest Handling and Sanitation
  • How to Develop a Farm Food Safety Plan

Workshops will be offered for $20. The cost includes lunch, grower training manuals and a certificate of course attendance recognized by the FDA. These workshops are provided through a contract awarded by the California Department of Food and Agriculture to AgSafe, with support from Western Growers.

The workshops will be held on the following dates:

Click on Date to Register
Classes are from 8:00am – 5:00pm, please arrive early to sign in.

Additional dates and locations will be announced soon. For more information, read the PS Training 2018 Flyer or visit the Produce Safety Training Workshop website.

FDA Will Not Enforce Certain Provisions in Four FSMA Regulations

January 4th, 2018

Today, the FDA announced that it plans to exercise enforcement discretion on particular provisions of the following FDA Food Safety Modernization Act rules: the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food rule (PC Human Food); Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals rule (PC Animal Food); Foreign Supplier Verification Programs rule (FSVP); and Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption rule (Produce Safety).

In addition to extending the compliance dates for many of the FSMA provisions (see August 2016 compliance date extension), this FDA’s decision of enforcement discretion is meant to allow time to consider changes or approaches to address concerns regarding the  implementation of certain FSMA provisions. However, the agency will continue to enforce the current provision against adulterated food. 

The following provisions of the previously stated rules will have relaxed enforcement:

  • facilities that would be farms except for certain factors and activities,
  • written assurances provisions in all four rules related to the control of identified hazards or microorganisms that are a potential risk to public health
  • the animal food preventive controls requirements for certain manufacturing/processing activities performed on human food by-products used as animal food, and
  • FSVP requirements for importers of food contact substances.

These enforcement discretion policies will be in place until the FDA takes further action on each of these issues. To learn more about whether this guidance applies to your facility please see the fact sheet and guidance.

WG, AgSafe Offering Workshops to Help Growers Meet FSMA Training Requirements

January 23rd, 2018

Western Growers and AgSafe will be hosting a series of produce safety workshops from January through May to assist California growers in meeting the training requirements under the U.S. Food & Drug Administration (FDA) produce safety regulation. The produce rule requires companies to employ at least one person who has completed the equivalent of this eight-hour class. These classes will be offered in Northern and Central California production areas and will be presented in both English and Spanish.

This eight hour class will cover the following topics:

  • Introduction to Produce Safety
  • Worker Health, Hygiene, and Training
  • Soil Amendments
  • Wildlife, Domesticated Animals, and Land Use
  • Agricultural Water
  • Post-harvest Handling and Sanitation
  • How to Develop a Farm Food Safety Plan

Workshops will be offered for $20. The cost includes lunch, grower training manuals and a certificate of course attendance recognized by the FDA. These workshops are provided through a contract awarded by the California Department of Food and Agriculture to AgSafe, with support from Western Growers.

The workshops will be held on the following dates:

Click on Date to Register
Classes are from 8:00am – 5:00pm, please arrive early to sign in.

Additional dates and locations will be announced soon. For more information, read the PS Training 2018 Flyer or visit the Produce Safety Training Workshop website.

FSMA Produce Safety Rule Goes Into Effect January 26

January 26th, 2018

Starting tomorrow, domestic and international produce farms designated as “large” (those with annual sales greater than $500,000) are expected to comply with most provisions of the Produce Safety Rule, a federal law created under the Food Safety Modernization Act (FSMA). Smaller farms will be phased in over the next few years.

The Produce Safety Rule is mandatory throughout the United States and applies to both domestic and imported produce. Any produce farm found to be out of compliance may be subject to regulatory action. The State Departments of Agriculture play a key role in education, outreach and enforcement activities.

The California Department of Food and Agriculture (CDFA) recently announced that it will be launching a new Produce Safety Program, which will operate as part of its Inspection Services Division. This program has been created specifically to conduct on-farm inspections on behalf of the U.S. Food and Drug Administration (FDA) and will be used to verify compliance with the Produce Safety Rule.

Additionally, the program will distribute educational information designed to assist California produce farms in understanding the requirements and how to comply with the Rule. More information about CDFA activities can be found in their Produce Safety Rule Fact Sheet. The Colorado and Arizona Departments of Agriculture are likewise taking the lead to enforce this rule and educate growers in their respective states. 

The focus in 2018 is on education and on-farm readiness. While on-farm inspections are not likely until 2019, Western Growers encourages members to meet compliance deadlines and has developed resources to help members get ready, including an implementation guide and self-audit checklist, available on our FSMA Portal.

Below is a list of Western Growers’ resources and upcoming training to help growers with the FSMA Produce Safety Rule:

Preventative Control Regulation for Packinghouses Begins January 26

January 26th, 2018

The new FDA Preventive Controls for Human Food Rule (officially known as the Current Good Manufacturing Practice, Hazard Analysis and Risk-Based Preventive Controls for Human Food), has been in effect for some food-registered facilities since September 2016. However, certain “large” produce operations that are not considered a “farm” because they are off-farm and have a different ownership structure are expected to be in compliance with applicable provisions of the Preventive Controls Rule tomorrow, January 26, 2018.

The Preventive Controls for Human Food Rule requires facilities that process food for humans to implement food safety plans that identify, prevent or minimize food safety hazards.

Western Growers will be hosting an educational webinar about enforcement, compliance and implementation resources on February 26, 2018. We are also pleased to point you to the following resources to help processing facilities with implementation of the rule:

For more information, visit the Preventive Controls Rule for Human Food Compliance Dates Fact Sheet.

WG to Host FSPCA Foreign Supplier Verification Course

January 30th, 2018

Western Growers will be hosting a Train-the-Trainer FSPCA Foreign Supplier Verification Programs (FSVP) course on April 17 – 19, 2018. This course combines the FSPCA Foreign Supplier Verification Programs participant course with the FSPCA Foreign Supplier Verification Programs Lead Instructor course. This combination course is coordinated by the Food Safety Preventive Controls Alliance (FSPCA).

COURSE INFORMATION

Prerequisites:

  1. Participants must be an approved Lead Instructor candidate
  2. Participants must be present for the entire course, please plan travel accordingly

FSPCA Foreign Supplier Verification Programs Course:

This course will provide participants with the knowledge to implement the requirements of the Foreign Supplier Verification Programs for Importers of Food for Humans and Animals regulations of the U.S. Food and Drug Administration (FDA). This regulation is one of a number of regulations issued as result of the 2011 Food Safety Modernization Act (FSMA).

This course is designed for:

  1. U.S.‐based importers who meet the definition of “importer” in the FSVP rule, which includes those who own or are the consignee of food at the time of entry, or, if no owner or consignee exists, the U.S. agent or representative of the foreign owner.
  2. Others who have an interest in ensuring that the requirements of the FSVP rule are met, including brokers, exporters, foreign suppliers of food that will be exported to the U.S., persons/business owners who currently buy food from foreign sources, and representatives of foreign governments.

The FSVP curriculum was designed by regulatory, academia, and industry professionals and developed with funding from FDA as part of the FSPCA. In contrast to the Preventive Controls (PC) rule, the FSVP rule does not require you to attend a training program following a “standardized curriculum” recognized by FDA. Attending this course, however, will help you understand the FSVP requirements and how those requirements can be met in your particular circumstance.

FSPCA Foreign Supplier Verification Programs Lead Instructor Course:

This course provides the Lead Instructor candidate the knowledge and tools needed to perform the duties of a Lead Instructor for the Foreign Supplier Verification Programs course.

The course content is focused on strategies to aid in the effective instruction of the activities and documentation that support the creation and implementation of Foreign Supplier Verification Programs. Administrative tasks for issuing Food Safety Preventive Controls Alliance certificates are also covered as well as a refresher on effective presentation for the adult learner.

Completing this instructor training allows you to deliver the FSPCA Foreign Supplier Verification Programs course as a Lead Instructor.

COURSE LOGISTICS

FSPCA Foreign Supplier Verification Programs Combination Course

Date: Tuesday, April 17 – Thursday, April 19, 2018

  • 8:00 AM – 5:00 PM (Days 1 & 2)
  • 8:00 AM – 12:00 PM (Day 3)

Location: Western Growers (15525 Sand Canyon Irvine, CA 92618)

Cost: $995 (includes all course materials and snacks)

RSVP: REGISTER HERE

The deadline to register is Tuesday, March 27, 2018. A limited number of seats is available. Register today. For more information, read the FSPCA Foreign Supplier Verification Programs fact sheet.

New Immigrant Worker Protection Act Now in Effect

January 11th, 2018

California employers must now comply with the new Immigrant Worker Protection Act (AB 450), which became effective on January 1, 2018. Under the new law, employers may not voluntarily consent to an immigration enforcement agent entering a non-public area at a place of employment unless the agent provides a judicial warrant.

With the exception of responding to a properly issued Notice of Inspection (NOI) of Form I-9s or other records maintained under the federal immigration laws, employers may not grant voluntary consent to an immigration enforcement agent to access, review or obtain employee records without a “subpoena or judicial warrant.”

In addition, an employer must give written notice to employees and their authorized representative (e.g., union) of any immigration agency’s review of employment records within 72 hours of receiving the request. The notice must:

  1. Be posted in the language the employer normally uses to communicate with employees;
  2. Include the name of the immigration agency conducting the inspection;
  3. Include the date the employer received the notice;
  4. Explain the nature of inspection (to the extent known); and
  5. Include a copy of the Notice.

In addition, AB 450 contains the following provisions:

  • Employers cannot re-verify a current employee’s employment eligibility, except as otherwise required under federal law;
  • Employers must provide “affected employees” (i.e., those identified by the immigration agency as possibly lacking work authorization) with a copy of the immigration agency’s notice of the employer’s receipt of the results of the inspection (the “Notice of Suspect Documents” (“NSD”) within 72 hours, in addition to a written notice of the obligations of the employer and the affected employee arising from the results. This notice must be hand-delivered, if possible; otherwise delivered by mail and email. It should also contain:
    • A description of any deficiencies identified in the notice;
    • The time period for correcting deficiencies;
    • The time and date of any meeting with the employer to correct deficiencies; and
    • Notice that the employee has the right to representation during any meeting scheduled with the employer.

Employers may be subject to civil fines ranging from $2,000 to $10,000 per violation, if they fail to comply with new law.

Employers should review their policies and procedures to ensure compliance with the new law. Managers, supervisors and receptionists should be trained on how to comply with these new requirements with respect to responding to immigration agency requests. Procedures should be implemented for responding to immigration worksite enforcement actions and ensuring that the notifications requirements are adhered to within the mandated timelines.

ICE Raids 7-Eleven Stores, Prompts Renewed ICE Audits & Raids Preparation

January 11th, 2018

As recently reported in the news, U.S. immigration agents raided dozens of 7-Eleven stores yesterday and arrested more than 20 people in the biggest crackdown on a company suspected of hiring undocumented workers since President Donald Trump took office.

Western Growers encourages members to always be prepared in the event that Immigration & Customs Enforcement (ICE) comes knocking at your door. This includes preparing for worksite enforcement and Form I-9 audits. Employers should be proactive to recognize and correct Form I-9 problems before a visit from ICE. Be sure to audit all Form I-9s to ensure they are completed fully and accurately. “Minor paperwork mistakes” or “technical errors” can result in costly penalties for employers. Employers must make appropriate corrections if they have identified mistakes on their Form I-9s.

It is important that employers perform internal audits on a regular basis and make corrections before receiving a Notice of Inspection from ICE. If employers wait to make corrections after ICE sends a “Notice of Inspection,” they will likely incur much steeper fines and penalties, up to $1,100 for each I-9 or employee for even “minor” technical violations. Fines are significantly higher for more substantive I-9 violations (e.g., missing work authorization information, missing I-9’s, etc.); and up to $16,000 for knowingly employing unauthorized workers. 

Correcting Form I-9’s incorrectly can result in additional penalties, so members should consult legal counsel, or at a minimum have staff specifically trained on how to properly correct I-9’s, before making corrections.

In addition to I-9 audits, members should be prepared and help prepare their workforces for ICE workplace raids. Members are encouraged to review instructions for What to Do during an ICE Visit and, How to Be Prepared for an Immigration Raid (English). A Spanish version of this document is also available.

California employers are encouraged to review New Immigrant Worker Protection Act Now in Effect, which covers AB 450 that went into effect on January 1, 2018. AB 450 prohibits employers from voluntary consenting to ICE access to the worksite without a judicial warrant, requires employers to provide their workers with notice of certain immigration enforcement actions, and imposes new statutory penalties for violations of the law, among other things.

Last March Western Growers hosted a webinar covering “What to Do during an Immigration and Customs Enforcement (ICE) Visit.” The webinar covered key topics including:

  • How to Prepare BEFORE ICE Comes Knocking
  • Understanding the Difference Between a RAID and an AUDIT
  • Understanding the Roles and Responsibilities of Key Team Members
  • The DO’s and DON’Ts of an ICE Visit

Western Growers members can click here to access a playback of the webinar.

For more information, contact Jason Resnick. Members who are contacted by ICE are encouraged to immediately notify Resnick.

Containerboard Products Antitrust Class Action Settlement Filing Deadline Approaching

January 18th, 2018

As previously reported in Spotlight, Western Growers has partnered with Financial Recovery Strategies (FRS), a leading asset recovery and cost reduction firm, to help members recover their fair shares of class action recoveries. 

The Containerboard Products Antitrust Class Action Settlement has now grown to $376.4 million, and not all of the defendants have settled. That means that many Western Growers members are likely to be eligible to receive substantial recoveries. The filing deadline to submit a claim is February 6, 2018. Even if your purchase records are not readily available, FRS will work with the Claims Administrator to  maximize your  recovery without devoting significant time and effort.

To retain FRS to file and manage a claim on your behalf, FRS must receive from you a signed copy of an Authorization Agreement. Those agreements can be accessed here. If you wish to hire FRS, it is important that before you send the executed Authorization Agreement to FRS, you understand its terms and make sure that your company information and contact information are correct.

FRS is a leading provider of class action claims consulting because FRS works within its clients’ guidelines to manage the entire claims process. FRS’s agreed-upon contingent fee is paid only from the recovery FRS recovers on your behalf.  Western Growers has negotiated with FRS to reduce its customary 33 percent fee down to 20 percent.

FRS is not a court-appointed claims administrator or class counsel. You always have the right to file claims on your own and to not hire FRS to participate in the monetary relief provided by any settlement. FRS believes, however, that there are services that the company can provide that may increase recoveries and that are unlikely to be provided by a claims administrator or by class counsel. 

For more information about FRS and the services it provides, please visit www.FRSco.com, or call either FRS VP of Sales Jamie Toddings at 201-853-1250 or FRS COO & General Counsel Jeff Leibell at 201-853-1246.

Government Shutdown Could Cause H-2A Delays

January 18th, 2018

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. While it would likely be business as usual for most private employers in the United States, H-2A users could be dramatically impacted.

That is because U.S. Department of Labor (DOL) staff that process H-2A foreign labor certifications are deemed “non-essential” during government shutdowns and are furloughed until the government reopens. H-2A applications that have not been certified by the shutdown will sit in the queue indefinitely.

Moreover, consulates and embassies responsible for the issuance of visas which allow foreign nationals to travel into the U.S. are typically affected as well. Consular appointments could be canceled for lack of personnel to conduct services such as calendaring appoitnments and background checks.   

On a positive note, U.S. Citizenship and Immigration Services (USCIS), which adjudicates non-immigrant petitions for H-2A works, would not likely be affected. USCIS operates on user-fees, so its services are not expected to be directly impacted, although it would be impacted to the extent the agency depends on DOL issuing certifications to initiate the non-immigrant petition process.

During the last government shutdown in 2013, processing of visa applications for seasonal H-2A farmworkers ground to a halt for 16 days, just before the Yuma and Imperial winter vegetable harvest.  At that time, Western Growers asked the Department of Labor and members of Congress to help expedite the H-2A process so that the visas can be finalized in time for the harvest, and will do so again if the Republicans and Democrats can’t come together to keep our government open. 

Save the Date: 2018 California Employment Law Update Webinar

January 18th, 2018

January 1, 2018, rang in a host of new California employment laws. Whether you own and operate a company in California or you just do business here, you need to be aware of these new laws. Western Growers will be hosting a webinar on February 7 to help members get in compliance with the new California labor and employment laws. 

This webinar will cover:

  • The new Parent Leave Act
  • Changes in the minimum wage and minimum salary for exempt employees
  • New law for handling immigration agency inspections and investigations
  • New obligations on employers to prevent and correct discrimination and harassment
  • New law on preventing salary history in hiring
  • California’s new “ban the box” law
  • New guidelines concerning transgender employees
  • Expanded Labor Commissioner authority
  • And more!

WEBINAR DETAILS

2018 California Employment Law Update Webinar 
Date: Wednesday, February 7, 2018
Time: 10:00 – 11:00 a.m. PST
Speaker: Jason Resnick, Vice President and General Counsel. Bio.

Stay tuned to Spotlight for details about registration.

USCIS Now Emailing H-2A Notifications

January 30th, 2018

United States Customs and Immigration Services (USCIS) announced that it has begun using email to send receipt and approval notices to H-2A petitioners. In addition, USCIS is now using pre-paid overnight mailers provided by H-2A petitioners to send any requests for evidence (RFE) issued in a case.

While the state workforce agencies and the U.S. Department of Labor have long used email to correspond with H-2A applicants, USCIS has been the last agency in the H-2A process to embrace the modern era. The use of paper mail has been a constant cause of delay and source of consternation among H-2A users due to the highly time-sensitive nature of the H-2A petition process. For this reason, Western Growers staff and voluntary leadership, and industry allies, have met with USCIS leadership in Washington D.C. on several occasions to persuade the agency to embrace email notifications.

USCIS said that in addition to sending notifications of receipt and approval by email, H-2A petitioners will be able to submit two pre-paid mailers to expedite delivery of both the final decision notice and any RFE issued for the petition. In the past, USCIS Service centers have used pre-paid mailers only for final decision notices.

In addition, USCIS will continue to send receipt and approval notices by postal mail and update the Case Status Online portal.

Western Growers applauds USCIS for making this simple change which will save precious time in the compress H-2A approval process and make a real difference to all H-2A users.

Western Growers Hires Devorah Allen to Boost Human Resources Training Programs

January 3rd, 2018

Veteran Brings More Than 15 Years of Experience in HR-related training

IRVINE, Calif. (January 3, 2018) – Western Growers is pleased to announce the recent hire of Devorah Allen, who will join the human resources team as Human Resources and Learning Development Consultant. In this role, Allen will be responsible for conducting training for Western Growers members and the agricultural community. Allen will be developing and implementing new training programs for Western Growers University, the association’s employee training program, to educate agriculture business owners and their workforce on topics such as HR and employment law; and leadership and supervisory skills.

“Devorah will play a critical role in helping our members achieve a competitive advantage by arming their employees with the knowledge and skills needed to thrive and advance in the workplace,” said Karen Timmins, senior vice president of human resources at Western Growers. “She truly shares Western Growers’ vision, passion and commitment to move the agriculture industry forward.”

Allen comes to Western Growers with more than 15 years of experience in training and leadership development, having trained in-house employees and outside vendors on a wide range of topics including leadership, emotional intelligence, communication, time management, business writing, information security and financial elder abuse. She is fluent in Spanish and conversational in Portuguese, German and Hebrew. Allen is also a Certified Professional in Learning and Performance. She most recently served as Director of Learning & Development for SkyOne Federal Credit Union.

“I am thrilled to be part of an organization that is dedicated to serving members that provide such an important service – putting fresh, delicious vegetables, fruit and tree nuts on the table,” said Allen. “My goal is to provide timely, bilingual compliance and soft-skills training that will enhance the competitiveness and profitability of our members. “

Allen holds a Master of Business Administration from California State University, Long Beach and a Bachelor of Science degree in business management from University of Phoenix.   

High-resolution image of Devorah Allen is available here.

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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