WGCIT Hosts First Colorado Grower Trial Network Event

December 1st, 2020

The Western Growers Center for Innovation and Technology (Center) is pleased to announce its first Colorado-focused Grower Trial Network (GTN) event. Join Colorado produce growers and ag experts for a focused, two-day event to learn about specific opportunities for agtech in Colorado, share your solutions with an audience of growers and experts, and receive feedback on expanding into Colorado’s market.

The Colorado GTN event will begin December 8th with an overview of agtech opportunities in Colorado. Following a brief overview on Colorado specialty crop agriculture by experts in the state, Colorado growers will share their challenges and perspectives on opportunities for ag-tech. On December 10th, the event will resume with tech companies pitching their technology to Colorado growers. Attending companies will have 10 minutes each to present their technologies and solutions to Colorado growers and to receive their feedback.

With 32 million acres of farmland generating $7.5 billion in annual revenue, Colorado ranks in the Top 10 states for several fruit and vegetable crops. Colorado growers face many of the same challenges as growers in California, Arizona and New Mexico. These challenges represent expanded business opportunities for Center members.

To RSVP for the Colorado GTN Event, please e-mail Emily Lyons at [email protected].

 

Tags:
Posted in News | No Comments »

PPP Forgiveness Tax Deduction Fight Continues

December 3rd, 2020

In March, President Trump signed the CARES Act into law, which included the Paycheck Protection Program (PPP). Congressional intent of the CARES Act was to allow for continued payroll deductibility, even for the amount forgiven under the PPP loan program. However, the IRS later issued a notice that the forgiven PPP loan amounts are not deductible as it would result in a so-called “double tax benefit.”

Since then, Western Growers and other organizations have pushed Congress to fix this important issue through legislation that would uphold congressional intent. Today, we signed on to a business coalition letter calling on Congress to fix this tax issue before the end of the year. We will continue to update our members as we work to resolve this matter.

Please contact Jonathan Sarager at [email protected] if you have additional questions or concerns.

Tags:
Posted in News | No Comments »

Top 6 USDA Inspection Clues

December 9th, 2020

A USDA Inspection Certificate is the primary document that certifies the quality and condition of the produce shipped and will definitively establish either compliance or a breach of contract. The USDA certificate is an unbiased third party governmental official determination of the produce at contract destination and is considered prima facie evidence in a potential PACA proceeding, as well as in civil court. Below are the top 6 clues to look out for when reviewing a USDA Inspection Certificate:

Clue #1

Look for the refrigerated trailer still being loaded or the warehouse designation of where the produce item has been inspected. For instance, the USDA inspection states whether or not the product is currently on the refrigerated trailer as ‘LOADED’ or has been ‘UNLOADED’, which will help you determine if the product has therefore accepted by the customer. The inspection will also record the trailer license number or provide a lot ID number. If identified by a lot ID number there is a good chance the truck has already been released by the buyer, therefore, constituting acceptance of the product. In this case the buyer no longer has the right to reject the shipment. However, the buyer may still have a right to claim a breach of contract.

Clue #2

The USDA inspection will reflect when requested by the applicant and will also indicate when the inspection was started and completed. These start and end times are critical in determining whether an inspection was secured in a timely manner.

Clue #3

The inspection certificate will also indicate the physical location (City and State) where the inspection was actually performed. If the physical location reflected on the USDA certificate is different from the negotiated and agreed upon contract destination, then the shipment has been diverted in-transit without your consent. Diversion constitutes acceptance meaning that the buyer has given up its right to reject the product. The buyer may still have a right to claim a breach of contract dependent on several criteria.

Clue #4

Another clue given on the USDA inspection certificate is the number of units (cartons or bags) still available at time of inspection. As a shipper, you should always review that inspection certificate for the number of units (cartons or bags) reported by the USDA versus the actual number shipped. This information is particularly important when calculating PACA Good Delivery and determining if your produce met contract specifications under the terms of the sales contract upon arrival.

Clue #5

Another important piece of information given by the USDA inspector is the description of the brand/label on the master shipping container. The USDA inspector will report the brand/label as well as any other pertinent information on the master shipping container. Always make sure that the brand/label and any lot identification being reported coincide with what you actually shipped.

Clue #6

Finally, the pulp temperatures are very critical to impacting condition defects. The reported pulp temperatures will impact condition defects and therefore your compliance with the sales contract. If temperatures are higher than requested on the bill of lading, it may provide you the best evidence as to how your produce was transported or handled at destination. Remember that just because a USDA inspection reflects that the produce “fails to grade U.S. No. 1 account of condition” does not mean that the shipper breached the contract, as most sales are negotiated as an FOB no-grade contract. The terms of sale (FOB or Delivered) will determine fulfillment of the contract, not simply the inspection certificate statement about meeting or failing U.S. No. 1.

By becoming familiar with these clues and the other various components that make up a USDA inspection certificate, it will be instrumental in determining compliance of your product with the negotiated sales contract.

Western Growers regular members can utilize my services to review and help interpret federal inspections by emailing me at [email protected] or calling me direct at (949) 885-2392.

Tags:
Posted in News | No Comments »

2021 CA Workers’ Compensation Rates Issued

December 1st, 2020

Last week, Calif. Insurance Commissioner Ricardo Lara issued the 2021 pure premium advisory rates for Calif. workers’ compensation. Rejecting a proposed surcharge for COVID-19 claim charges, Commissioner Lara approved an average 4.6% reduction in advisory pure premium workers’ compensation rates across all classification codes. Advisory pure premium rates are set by the Calif. Department of Insurance, and they are used by insurance carriers as guidelines to develop their respective filed rates.

Last year, the Calif. Workers Compensation Insurance Rating Bureau proposed an average advisory pure premium rate decrease of 5.4%; the Calif. Insurance Commissioner ultimately approved a 9% reduction in the average advisory pure premium rate for workers’ compensation policies incepting 1/1/2020 and after. Through the 1/1/2021 rate approval, Calif. has now seen ten consecutive reductions to the average advisory pure premium rate.

Additional details and approved advisory rates for the various classifications applicable to agriculture can be found on the Western Growers Insurance Service blog.

Further inquiries can be directed to Ken Cooper at [email protected]

Tags:
Posted in News | No Comments »

FDA Plans COVID-19 Outreach to Food Production Facilities

December 3rd, 2020

FDA is planning outreach calls to registered food facilities in areas with high rates of COVID-19 or are anticipated to have high rates of COVID-19. The intent of the outreach effort is to support continuity in the food supply. FDA is prioritizing these calls based on facility food type and size. The time frame for the calls is unspecified and may continue into the spring months if needed. There is no similar plan intended for non-FDA registered food production operations, such as growing operations. 

These calls are voluntary and will take about 10 minutes. During the call, FDA will check in on how your facility is doing and see if there is any information or technical assistance your facility may need. If your facility expresses a need for support, or if other regional needs are recognized, FDA plans to reach out to other federal partners to also assist your facility. Although states have been alerted, state resources will not be engaged in this effort at this time.

In advance of these calls, please take a moment to review the following FDA resources:

Please contact De Ann Davis at [email protected] if you have additional questions or concerns.

Tags:
Posted in News | No Comments »

Register Now for PDH Courses

December 8th, 2020

Western Growers University offers both members and non-members unique and customized educational resources to better drive their businesses forward. As the year 2020 is ending, we want to ensure that you are staying up to date with our course offerings.

The December 31, 2020, deadline to comply with SB-1343 is rapidly approaching. Reducing inappropriate behavior and increasing respect, dignity, inclusion, diversity, and civility, make the entire work environment safer and easier for people to be productive and creative. Join Western Growers as we present the Preventing Discrimination and Harassment in the Workplace and discuss how to identify and correct sexual harassment, quid pro quo, bullying, abusive conduct, discrimination, and a hostile work environment.

Prevention Discrimination and Harassment in the Workplace courses are now available in English and Spanish. These trainings will be offered in various time slots on the following dates:

  • December 10, 2020
    • English | 9am -10am
    • Spanish | 1:30pm – 3:30pm
  • December 11, 2020
    • English | 9am -10am
    • Spanish | 1:30pm – 3:30pm
  • December 15, 2020
    • English | 9am -11am
    • Spanish | 1:30pm – 2:30pm
  • December 17, 2020
    • English | 9am -11am
    • Spanish | 1:30pm – 2:30pm
  • December 21, 2020
    • English | 9am -10am
    • Spanish | 1:00pm – 3:00pm
  • December 22, 2020
    • English | 9am -10am
    • Spanish | 1:00pm – 3:00pm

Both our English and Spanish webinars for SB-1343 cover both supervisors and employees. 

CLICK HERE TO REGISTER.

For more information, contact WG Bilingual HR Learning & Development Manager Anna Bilderbach at [email protected]. 

Tags:
Posted in News | No Comments »

President-Elect Taps Vilsack to Run USDA

December 10th, 2020

President-elect Joe Biden plans to nominate former Iowa Governor Tom Vilsack as secretary of agriculture. Vilsack, who is currently President and CEO of the U.S. Dairy Export Council, previously served eight years as agriculture secretary in the Obama administration.

“Secretary Vilsack is a logical and proven choice to run USDA. We worked closely with him during his previous service as Secretary and we look forward to resuming our partnership,” said WG President & CEO Dave Puglia. “Like our country, the fresh produce industry is focused on rebounding from a difficult year. During his last tenure as Secretary, Mr. Vilsack made significant investments in rural communities and worked hard to strengthen the agricultural economy. We are confident that he will continue to provide our farmers with the support they need to grow safe and healthy food for the American people.”

*Photo courtesy of Des Moines Register*

Tags:
Posted in News | No Comments »

WG Online Platform Assists with Remote CA LGMA Audits

December 17th, 2020

To minimize the risk of COVID-19 for all parties involved, CDFA has decided to conduct all California LGMA audit record reviews remotely effective December 16, 2020. The California LGMA recently announced that this change will be in place for the foreseeable future.

We encourage you to take advantage of WG’s online platform to fulfill your virtual documentation requirements. This platform allows you to upload your required food safety documents before the audit takes place. Once uploaded, the auditor can complete the review without you being online. To get started, fill out the Western Growers Virtual Audit Intake Form. WG is working with iFoodDS team to offer this platform and provide technical assistance and training to all users.

For questions regarding the initial system set up or to get started, please contact Marlene Hanken at [email protected].

Please contact Sonia Salas at [email protected] if you have any other questions or concerns.

Tags:
Posted in News | No Comments »

CDC Provides Additional Information Regarding COVID-19 Vaccines

December 23rd, 2020

The Centers for Disease Control and Prevention (CDC) is continually providing information and rolling out updates about the COVID-19 vaccines. Below are links to the recently updated CDC web pages, including a Q&A section:

For more information, visit the CDC website or the WG COVID-19 Resources Page. 

Tags:
Posted in News | No Comments »

OSHSB Issues Notice of Emergency Regulatory Action Regarding COVID-19 Worker Protection

December 1st, 2020

Monday, November 30th, the California Occupational Safety and Health Standards Board (OSHSB) announced the approval of the Emergency Temporary Standards for COVID-19 Prevention by the Office of Administrative Law.

The emergency standards require that employers implement a site-specific written COVID-19 prevention program to address COVID-19 health hazards, correct unsafe or unhealthy conditions and provide face coverings. When there are multiple COVID-19 infections or outbreaks at the worksite, employers must provide COVID-19 testing and notify public health departments. The regulations also require accurate recordkeeping and reporting of COVID-19 cases.

Cal/OSHA has posted FAQs and a one-page fact sheet on these regulations, as well as a model COVID-19 prevention program. Employers are encouraged to participate in Cal/OSHA training webinars.

For questions, contact Matthew Allen at [email protected] or Jason Resnick at [email protected].

Tags:
Posted in News | No Comments »

WG, Coalition Support Bill Prioritizing COVID-19 Vaccines for Ag Workers

December 17th, 2020

WG has joined a coalition of 28 California agriculture associations in support of AB 93, a bill by Assemblymember Eduardo Garcia (56th AD) that prioritizes workers in the food supply industry, including field workers, for rapid testing and vaccination programs in response to COVID-19.

In a letter to Assemblymember Garcia, the coalition states: “With COVID-19 infections and hospitalizations on the rise, it is imperative we protect those that continue to serve the population of the state and nation by ensuring they are some of the first in line for the vaccine.”

In addition to the legislation, the coalition also notes the need for additional education of the importance of the vaccine, social distancing, and other precautions against COVID-19 for the field worker community as well as implementation of measures to protect their individual privacy.

Click here to read the full letter.

For more information, please contact Matthew Allen at [email protected].

Tags:
Posted in News | No Comments »

Congress Passes Budget: Top Items for WG Members

December 22nd, 2020

After months of negotiations, the House and Senate passed the budget for the federal government yesterday. Attached to the government spending package were several dozen smaller bills, with the text of the legislation totaling nearly 5,600 pages.

Below are the significant items that will most affect Western Growers members:

  1. The Paycheck Protection Program (PPP) is extended through an additional $284 billion in funding. Several program changes have been made to the program, including expanding forgivable loan expenses to include PPE costs. One of the most important changes for farmers is that PPP loan expenses are now completely tax-deductible. As you may all recall, the Internal Revenue Service issued a ruling back in May stating that they were not deductible. For months, the Trump Administration has been fighting to keep that ruling in place. Finally, Congress has overruled them with the passage of this bill and now all PPP expenses are fully deductible. Full details.
     
  2. There will be a third round of COVID-19 relief payments to farmers. Congress made some important changes to the program for farmers in the produce industry. For example, under the current program, you are required to use your 2019 sales data as the basis to calculate your relief. Under the Congressional revisions, you can now use 2018 or 2019 data. Additionally, if you have received assistance through crop insurance, the noninsured crop disaster assistance program (NAP) or wildfire or hurricane disaster payments, that would also be included in the sales data. This change was made to ensure that producers who had a bad year in 2019 due to natural disasters would not have an overly low COVID-19 relief payment.
     
  3. Congress provided another $1.5 billion to the U.S. Department of Agriculture (USDA) to assist farmers by either purchasing excess commodities or help offset COVID-19 worker safety costs. USDA has been facilitating the purchase and distribution of food through the Farmers to Families Food Box program and some version of that will now continue into next year. That program helps Americans in need while also removing excess supply off the market and helping bolster prices. USDA will also now be able to help offset costs associated with COVID-19 worker safety—eligible entities go beyond producers and include small and medium-sized processors. Once USDA sets up a mechanism for these grants and loans, this could be a great benefit for producers who are struggling to pay for increased worker safety costs related to COVID-19.
     
  4. The package includes $100 million for the Specialty Crop Block Grant Program. Full details.
     
  5. Several water-related provisions were included in the bill. Most notably, the bill includes language that Senators Kyrsten Sinema and Martha McSally from Arizona were advocating for that would create a revolving fund to pay to repair aging water infrastructure in the West. While the language has been authorized, no money was attached so some work is left to do.
     
  6. The package does NOT include business liability protection.

For questions or more information, contact Dennis Nuxoll at (202) 701-6744 or Jonathan Sarager at (202) 705-1240.

Tags: ,
Posted in News | No Comments »

Farm Workers Union Sues DOL Over New Rule for H-2A Wage Rates

December 1st, 2020

The U.S. Labor Department rule changing how the agency calculates wage rates for temporary guest workers in the H-2A agricultural visa program violates the Administrative Procedure Act and must be set aside, according to a lawsuit filed in a California federal court.

The United Farm Workers and its foundation filed a complaint Monday against the department and Labor Secretary Eugene Scalia, contending the Nov. 5 regulation undermines wage protections for U.S. and temporary foreign workers under the H-2A program.

The lawsuit, filed in the U.S. District Court for the Eastern District of California at Fresno, requests a preliminary injunction to stop the measure from taking effect on Dec. 21, and a permanent injunction that voids it.

“Secretary Scalia’s decision to freeze farmworkers’ wage rates under the H-2A agricultural guestworker program for two years is an utterly arbitrary and unlawful act that inflicts grave harm to some of the most vulnerable workers in the nation,” Bruce Goldstein, president of Farmworker Justice and one of the attorneys in the lawsuit, said in a statement.

Wage Freeze Violates APA

Historically, H-2A pay has been based on data compiled through the U.S. Department of Agriculture’s Farm Labor Survey, published most recently in November 2019. Under the final rule, wages based on the survey will freeze for 2020, 2021, and 2022.

Starting in 2023, and annually thereafter, the DOL will adjust the H-2A program’s “adverse effect wage rates” by the percentage change in the Bureau of Labor Statistics’ Employment Cost Index for wages and salaries for the preceding 12-month period for the majority of jobs under the H-2A program.

According to the complaint, the new regulation violates the federal Administrative Procedure Act in several ways. UFW alleges the rule fails to comply with the H-2A prohibition against adverse effects to farmworkers’ wages, uses wage mechanisms that bear no relation to the farm labor market, and failed to give the public proper notice and comment opportunity on the wage freeze.

Representatives for DOL’s Employment and Training Administration, the sub-agency that issued the final rule, didn’t immediately respond to an emailed request for comment.

The case is assigned to U.S. District Judge Anthony Ishii.

Win for Wage Survey Lawsuit

Monday’s complaint follows an October win in court for the union.

The UFW and its foundation sued the U.S. Department of Agriculture on Oct. 14 over its decision to cancel the Farm Labor Survey.

U.S. District Judge Dale Drozd in Fresno ordered the USDA to halt its plan to stop collecting and publishing the data, saying that the department “provided no rationale” or opportunity for public comment. Drozd also found that United Farm Workers would likely prevail in its argument that the USDA didn’t consider the effect its decision would have on workers’ wages.

Cause of action: Violation of the Administrative Procedure Act

Relief: Preliminary injunction; permanent injunction to set the rule aside.

Response: Representatives for DOL didn’t immediately respond to a request for comment.

Attorneys: Mark D. Selwyn with Wilmer Cutler Pickering Hale and Dorr LLP.

*This article was repurposed from Bloomberg Law.

Tags:
Posted in News | No Comments »

Federal Court Blocks DOL Rule on H-2A Wage Freeze

December 29th, 2020

On December 23, 2020, the U.S. District Court for the District of Eastern California granted the United Farm Workers’ (UFW) motion for a preliminary injunction, preventing the U.S. Department of Labor (DOL) from freezing wages under the H-2A agricultural guest-worker program.

Last month, DOL published a final rule freezing wages for 2021 and 2022 at the 2020 adverse effect wage rate (AEWR), which is $14.77 an hour in California, $14.26 in Colorado and $12.91 in Arizona and New Mexico. The new rule was to take effect on Dec. 21 and begin regulating wages beginning in January. However, the UFW and the UFW Foundation filed a lawsuit alleging the DOL rule would lead to substantial wage losses to ag workers. The said in its order the plaintiffs are likely to succeed on the merits of their case.

The court ordered both parties to submit a proposed order within 14 days that includes deadlines for the Department of Labor to set the 2021 adverse effect wage rate.  What the 2021 AEWR will be or how the DOL will defend the lawsuit going forward remain open questions.

As previously reported in Spotlight, the UFW recently sued and persuaded the U.S. District Court for the Eastern District of California to issue a temporary restraining order and preliminary injunction against the USDA’s decision in September to suspend the annual Farm Labor Survey, which has been used by DOL to set the AEWR.

Click here to read the full U.S. District Court ruling.

For additional information or questions, please contact Jason Resnick at [email protected].

Tags:
Posted in News | No Comments »

Agriculture and Business Coalition Challenge Cal/OSHA Emergency Standards to Protect Nation’s Food Supply

December 31st, 2020

LOS ANGELES, Calif. (December 31, 2020) – A coalition of agricultural and business employers has filed a lawsuit in Los Angeles Superior Court challenging the COVID-19 related emergency temporary standards (ETS) recently approved by the California Occupational Safety and Health Standards Board (Board). The complaint alleges, among other things, that the Board lacks statutory authority to impose many of the sweeping measures of the ETS on California employers.

For California’s multi-generational farmers, the health and safety of their employees and the consumers they serve is their top priority.

“In the weeks and months following Governor Newsom’s emergency declaration in March, California farmers and processors moved quickly to implement dramatic new safety practices aimed at mitigating the spread of COVID-19 in the workplace,” said Dave Puglia, President & CEO of Western Growers. “While these measures helped reduce transmission in workplaces, this virus has swept through communities large and small in spite of lockdown orders and mask mandates, and through every sector of the economy as well despite extraordinary efforts by employers and employees alike. The Board imposed unrealistic, unfounded and economically harmful standards in total disregard of these realities. We have no choice but to seek judicial relief.”

The standards promulgated by the Board are unprecedented and sweeping. They were adopted with little public notice or opportunity for comment based on a purported “finding of emergency” and a declared need for immediate action, even though it took the Board nine months to enact these rules. Furthermore, Cal/OSHA staff insisted the ETS were not necessary for the agency to enforce the continually evolving general and industry-specific guidelines for the prevention of COVID-19. As stated in the complaint, “the ETS does not solve a crisis as much as it creates one.”

“We take this unfortunate yet serious action because we believe there are unconsidered mitigation steps that have and would continue to better protect farm workers while allowing our farmers to continue to produce a consistent supply of fruits and vegetables,” said Christopher Valadez, President of the Grower-Shipper Association of Central California. “As this pandemic has shown us over the last several months, it is imperative that science and data drive policy. That is at the core of what we seek in this lawsuit.”

The ETS create significant new obligations and liabilities for employers, and subject well-meaning California farmers and other businesses to additional enforcement actions and substantial penalties. The practical effect of these emergency standards is to shift the public health and economic costs of COVID-19 monitoring, investigation, compliance and remediation onto employers, all without any consideration of the financial damage inflicted on businesses already struggling to recover from the pandemic.

“These regulations will disrupt food supply operations all along the line, but it will be especially hard on our 20,000 small family farming members,” said Jamie Johansson, President of the California Farm Bureau Federation. “They and their employees are the unsung heroes of the pandemic but once again, they must react to a rule handed down by fiat instead of going through a deliberate regulatory process where the voices of farmers would be heard. We hope the court forces government to follow the law.”

It is important to note that the ETS will have a disproportionate impact on California farmers and their employees since one aspect of the regulations is to substantially reduce and eliminate vitally needed agricultural housing during a statewide housing crisis. A reduction in already-scarce housing will directly impact farmworker communities and harm rural economies across the state that depend on agriculture.

The lawsuit filed by lead attorney David A. Schwarz, Kent R. Raygor and Barbara Taylor, with Sheppard Mullin, argues that in enacting the emergency regulations without due process, the Board failed to explain the causal link between the ETS and the emergency situation to be addressed, or to adequately justify the necessity of the new rules. Additionally, the complaint contends that many of the regulations have nothing to do with workplace health or occupational safety but are designed to address non-work-related COVID-19 exposure risks.

Click here for a fact sheet that details the basis for the legal challenge.

Click here for the full text of the complaint with exhibits.

The six plaintiff organizations and media contacts are listed below:

 

About California Association of Winegrape Growers:
The California Association of Winegrape Growers protects and promotes the interests of California winegrape growers by providing members a unified voice, effective advocacy and strong leadership. CAWG promotes the winegrowing industry’s long-term success by advancing the adoption of sound public policies, and fostering awareness and understanding of winegrape growers’ contributions to the economy, environment and California communities.

About California Business Roundtable:
The California Business Roundtable is a non-partisan organization comprised of the senior executive leadership of the major employers throughout the state – with a combined workforce of more than half a million employees.  For more than thirty-five years the Roundtable has identified the issues critical to a healthy business climate and provided the leadership needed to strengthen California’s economy and create jobs.

About California Farm Bureau Federation:
The California Farm Bureau Federation works to protect family farms and ranches on behalf of nearly 32,000 members statewide and as part of a nationwide network of more than 5.5 million Farm Bureau members.

About Grower-Shipper Association of Central California:
Grower-Shipper Association of Central California is a regional trade association, offering advocacy, programs and services to over 300 members. Founded in 1930, today the organization’s membership consists primarily of growers, shippers, harvesters and processors of vegetables and fruits produced in the Central Coast region of California, encompassing Monterey, Santa Cruz, San Benito and Santa Clara Counties; united around a core mission of advancing solutions benefitting families, food and farming.

About Ventura County Agricultural Association:
Ventura County Agricultural Association is a trade association dedicated to supporting agriculture businesses in the California counties of Ventura and Santa Barbara. The association provides a wide variety of services to its members, but most significantly in labor relations and employee safety training programs.

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.

###

Tags: ,
Posted in Press Releases | No Comments »

Ag, Business Coalition Files Lawsuit to Protect Nation’s Food Supply

December 31st, 2020

Western Growers and a coalition of agricultural and business association allies filed a lawsuit in Los Angeles Superior Court yesterday challenging the COVID-19 related emergency temporary standards (ETS) recently approved by the California Occupational Safety and Health Standards Board (Board). The complaint alleges, among other things, that the Board lacks statutory authority to impose many of the sweeping measures of the ETS on California employers.

“In the weeks and months following Governor Newsom’s emergency declaration in March, California farmers and processors moved quickly to implement dramatic new safety practices aimed at mitigating the spread of COVID-19 in the workplace,” said Dave Puglia, President & CEO of Western Growers. “While these measures helped reduce transmission in workplaces, this virus has swept through communities large and small in spite of lockdown orders and mask mandates, and through every sector of the economy as well despite extraordinary efforts by employers and employees alike. The Board imposed unrealistic, unfounded and economically harmful standards in total disregard of these realities. We have no choice but to seek judicial relief.”

The lawsuit filed by lead attorney David A. Schwarz, Kent R. Raygor and Barbara Taylor, with Sheppard Mullin, argues that in enacting the emergency regulations without due process, the Board failed to explain the causal link between the ETS and the emergency situation to be addressed, or to adequately justify the necessity of the new rules. Additionally, the complaint contends that many of the regulations have nothing to do with workplace health or occupational safety but are designed to address non-work-related COVID-19 exposure risks.

We will keep our members informed of the latest legal proceedings.

Click here to read the full press release.

Click here for a fact sheet that details the basis for the legal challenge.

Click here for the full text of the complaint with exhibits.

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

Posted in News | No Comments »

Duflock, Donohue to Headline Israel Chamber of Commerce AgTech Event

December 8th, 2020

Join the Western Growers Center of Innovation and Technology and the California Israel Chamber of Commerce for an open discussion on channel distribution in the U.S. agriculture market. On December 9, 2020, WG’s Walt Duflock and Dennis Donohue will join agtech subject matter experts for a Q&A session designed to provide insight on developing technologies for the ag market, challenges entrepreneurs face, factors affecting distribution channels and more.

EVENT DETAILS

Understanding the U.S. Agriculture Channel Distribution

Moderator:  Vered Israeli, Cofounder & General Manager, VIBE Imaging Analytics

Panelists:

  • Dennis Donohue, Director, Western Growers Center of Innovation & Technology
  • Walt Duflock, VP of Innovation, Western Growers
  • Luis De la Garza, General Manager, Royal Dawn Berries
  • Mark Kennedy, Owner, Green Rubber-Kennedy Ag

Date: Wednesday, December 9, 2020

Time: 8:30 AM PST

RSVP: CLICK HERE TO REGISTER

 

Posted in News | No Comments »

Neal Jack, Innovation Visionary and WG Founding Member, Passes Away

December 17th, 2020

It is with heavy hearts that we share the passing of Neal Jack on December 15, 2020, at 97 years old. Neal was an industry icon, pioneering innovator in the Imperial Valley and a leading force behind Jack Bros., a founding member of Western Growers Association.

Neal captained Jack Bros. for nearly four decades, putting virtually every dollar earned during his tenure into improving the ground. Additionally, as a World War II and the Korean War veteran, Neal radically modernized farming by bringing many of the innovations used in the military back to the ranch.

For example, Jack Bros. became one of the first farming companies in the Imperial Valley to have car-to-car radios—the radios very similar to the ones Neal used in reconnaissance missions during the war—to communicate with employees in the field. He also brought in one of the first drivable service trucks used to service equipment in the field. In the mid-1970s, Neal tried wheel line sprinklers, and a few years later was among the first to put in buried drip.

Neal was an advocate for water conservation and served on numerous influential boards including the Imperial Irrigation Board from 1973-1981, the California State Water Resources Control Board under Governor George Deukmejian and the USDA Board at the Agriculture Research Station. Additionally, he played a significant role on the Western Growers Board of Directors as well as steered irrigation priorities as an active member on the Water Committee.

“We are saddened by the news of Neal’s passing,” said Dave Puglia, president & CEO of Western Growers. “But we are comforted in the knowledge that Neal leaves behind an indelible legacy that will continue to shape the fresh produce industry for generations to come.”

Neal was married to Virgene Jack until her passing. Neal is survived by his 4 children, 13 grandchildren and 37 great-grandchildren. To learn more about the life and accomplishments of Neal Jack and Jack Bros., read “Forward-Thinking Leadership Propels WG Founding Member Jack Bros. into 100 Years of Success.”

Western Growers wishes to extend its deepest sympathies to the Jack family during this difficult time.

Posted in News | No Comments »

The Clock Is Ticking On SB-1343 Compliance, Receive Your Training With WGU

December 17th, 2020

Under SB-1343, both supervisors and employees are required to comply with Prevention, Discrimination, and Harassment training no later than December 31st, 2020. Now more than ever, it is critical that you take advantage of the opportunity to educate yourself and gain compliance for the workplace.

Through Western Growers University, this critical training is now available for supervisors and employees and will coach you through how to reduce inappropriate behavior while increasing respect, dignity, inclusion, diversity, and civility. We strongly encourage you to join us as we discuss how to identify and correct sexual harassment, quid pro quo, bullying, abusive conduct, discrimination, and a hostile work environment. Available exclusively through an interactive and educational experience offered by Western Growers University.

Time is running out. The deadline to comply with SB-1343 is December 31, 2020. Western Growers University is offering various time slots, in both English and Spanish, for you to register now. Training sessions are still available on the following dates, but spaces are limited and filling fast.

  • December 21, 2020
    • English | 9am -10am
    • Spanish | 1:00pm – 3:00pm
  • December 22, 2020
    • English | 9am -10am
    • Spanish | 1:00pm – 3:00pm

Both our English and Spanish webinars for SB-1343 cover both supervisors and employees. 

CLICK HERE TO REGISTER.

For more information, contact WG Bilingual HR Learning & Development Manager Anna Bilderbach at [email protected]. 

Tags: ,
Posted in News | No Comments »

Western Growers Expands Insurance Team with 20-Year Veteran Nate Flandro

December 21st, 2020

IRVINE, Calif. (December 21, 2020) – Western Growers Insurance Services (WGIS) has hired Nate Flandro as its new sales executive for commercial insurance. Bringing more than 20 years of experience in workers’ compensation and property and liability insurance, Flandro will focus on helping agribusinesses mitigate financial risks as well as reduce and manage costs. Additionally, he will tap his previous experience in working with grower partners to create alternative funding programs. 

“Nate’s extensive involvement in agribusiness and food risks will prove invaluable to the Western Growers Insurance Services team as we continue our 60-year track record of growth and success,” said Jeff Gullickson, president of Western Growers Insurance Services. “His experience will be instrumental in ensuring that we consistently deliver quality service and offer innovative, best-in-class insurance solutions specifically tailored to ag and food-related businesses.”

Flandro is bilingual and serves on the Independent Insurance Brokers and Agents of Fresno County’s Board of Directors as president. Additionally, he is currently enrolled in the business management program at Brigham Young University. Flandro resides in Irvine, Calif., with his wife and three children. 

“Joining the Western Growers Insurance Services team and the agricultural and food producing entrepreneurs it represents is the highlight of my career,” said Flandro. “In advance of meeting with our members to help find creative and effective solutions to protect profits and workers I want to express how grateful I am to continue working with those that feed the world!”

Click here for an image of Nate Flandro.

About Western Growers Insurance Services:

Western Growers Insurance Services, Inc. is the wholly-owned insurance brokerage of Western Growers and offers full-service risk mitigation and management solutions to agricultural and related industry members in California, Arizona, Colorado and New Mexico. Connect with and learn more about WGIS on Twitter and Facebook. 

###

Posted in Press Releases | No Comments »

« Older Entries