In Memoriam: Revered Coachella Valley Farmer, Robert “Bobby” Bianco

March 11th, 2021

Robert “Bobby” Bianco, co-owner of Anthony Vineyards and a longtime member of Western Growers, passed away unexpectedly over the weekend at age 78. Bianco, recognized as one of the Coachella Valley’s most esteemed grape growers, was a driving force in the community. He was a staunch supporter of various youth and religious organizations, and through Anthony Vineyards, he employed thousands of Valley residents over the past 50 years.

Bianco is also credited as the first grower in the United States to commercially grow red flame seedless grapes, which later became the number one grape variety produced in the world. Bianco’s legacy will be continued by his son, Anthony Bianco; daughter, Francesca Gist; and six grandchildren.

According to an NBC News obituary, Bianco’s life will be remembered Saturday, March 20, 2021, at 10am at Sacred Heart Church. For more information about Robert Bianco’s service, click here.

Western Growers wishes to extend its deepest sympathy to the Bianco family during this difficult time.  

Agri-Pulse Welcomes WG President and CEO Dave Puglia as Guest for Open Mic

March 16th, 2021

The agriculture industry has faced numerous problems during the COVID-19 pandemic, all while continuing to provide fresh produce to consumers both domestically and internationally. This week, Western Growers President and CEO, Dave Puglia joined Jeff Nalley for Agri-Pulse’s weekly Open Mic.

During this interview, Puglia discussed policy issues the industry is faced with, ranging from water supply and adequate workforces to what the Puglia referred to as “senseless regulations.” He also shared how he is optimistic about the Biden administration and the 117th Congress addressing these issues.

Click here to listen to the full interview on Agri-Pulse.

March/April 2021 Digital Edition of WG&S Magazine Now Available

March 16th, 2021

As an organization that is dedicated to helping its members cultivate the next generation of agricultural leaders, this magazine edition highlights young farmers and the differences they are making in their operation. Click here to access the digital version of this magazine.

Custom Organic and Conventional Vegetable Growing in the Desert Region

J.P. LaBrucherie was destined to follow in his family’s footsteps of working in the agriculture industry. He started full time in 2003, working in vegetable production for LaBrucherie Produce. As a third generation farmer, J.P. is now president of the operation.

The New Faces of Ag: Young Farmers Making a Difference

The United States is currently undergoing an extreme societal shift, as Baby Boomers continue to retire and Millennials have now become the largest generation in the labor force.

Future Water Supply Elicits Some Optimism But Cuts Appear Inevitable

There is some optimism about the labor situation moving forward as there appears to be momentum for federal immigration reform with the new administration and there is also a lot of technological innovation that promises to reduce the need for labor with automation. But what about water? What are the prospects that future generations of California farmers will have a reliable water supply and an affordable rate?

Uncharted Waters: Five Points to Know about the Ongoing Port Crisis

Many industry veterans have described the conditions as ‘unprecedented,’ while others have compared it to the infamous labor dispute-related port slowdown in 2014. In the West, countless agricultural exporters that rely on the gateway ports of Los Angeles, Long Beach, and Oakland to reach customers overseas are straining to adjust.

Newsom’s 30×30 Executive Order to Tighten Climate Management

In an effort to further combat climate change and habitat loss, California Governor Gavin Newsom signed an executive order on October 7, 2020, directing state agencies to accelerate actions to battle climate change, protect biodiversity and build resilience through nature-based solutions. The order establishes a state goal of conserving at least 30% of California’s land and coastal waters by 2030 to address the biodiversity and climate crisis.

Pappas Family Farm: Safe Workers, Safe Produce

Pappas Family Farm secured a number of vaccinations for their workers. Pappas Family Farm Principal and President, George Pappas, shares how they did it.

AZ Specialty Crop Block Grant Program Applications Now Being Accepted

March 18th, 2021

The Arizona Department of Agriculture (AZDA) is accepting applications for the 2021 AZ Specialty Crop Block Grant Program (SCBGP) until 11:59 p.m. on Wednesday, April 14, 2021.

In an effort to enhance the competitiveness of specialty crops in Arizona, AZDA will be providing financial assistance to state and/or local organizations, government entities, producer associations, academia, community-based organizations, and other specialty crop stakeholders.

AZDA staff will be conducting webinars on Tuesday, March 23, and Wednesday, March 24, to present the grant program to potential applicants. All applicants are highly encouraged to participate in these webinars as they help assure that the participants have the most up-to-date program information.

Click here to access the 2021 AZ SCBGP Manual.

Calculating Provable Damages to Maximize Returns

March 10th, 2021

When a buyer is entitled to keep product but is unwilling to renegotiate the original sales price with you on a shipment that has “failed to meet contract specifications at contract destination,” how do you determine what the adjusted price should be? What if there is no meeting of the minds on an equitable settlement or adjustment? If you are unable to agree on amending the original contract, the next step is calculating provable damages.

The best method to calculate provable damages is to obtain the representative prices for the commodity shipped for date of arrival utilizing the USDA Federal State Market News Service for the closest location of where the product was sold. Looking at the price quote range, you would use the average price for product. If you are presented with a detailed accounting from your customer, you can verify and determine the average actual sales price from this accounting. By subtracting your customer’s actual sales price from the average Federal State Market News price from the area where the product was sold, you can calculate the damages per carton. Remember that when it comes to the detailed accounting, all you care about is the average actual sales price. Freight charges and other expenses do not come into play because the Federal State Market News prices already include those costs.

An example:

Federal State Market News Range for your commodity is $18-$21.00 per carton (avg $19.50)  Your customer’s average actual sales price is $15.75
$19.50 – $15.75 = $3.75 of damages 
Therefore, your customer would be allowed a $3.75 per carton adjustment from the original per carton price.

In the subsequent case, where your customer does not supply you with a detailed accounting to determine their average actual sales price, you would take the total amount of condition defects reflected on the USDA inspection, which verified the original breach of contract, and utilize the Federal State Market News quote (if available) or the delivered price and get a percentage to determine damages.

An example: 

22% total condition defects reflected on USDA inspection certificate
Federal State Market News or delivered price was $19.50
22% x $19.50 = $4.29 damages
Therefore, your customer would be allowed a $4.29 per carton adjustment from the original per carton price.

Should you be faced with a similar situation when it comes to the calculation of provable damages, settlement options or require further guidance, please do not hesitate to contact me at 949.885.2392 or [email protected].

Participate in the 2021 Compensation and HR Practices Survey

March 11th, 2021

As the premier compensation survey within the agricultural industry, the Western Growers Compensation and HR Practices Survey provides leading competitive pay data that provides you with the resources needed to manage costs, maintain and retain top-tier talent and develop a stronger workforce.

Now is the time for you to participate in this exclusive Western Growers member-only initiative. Your valued participation helps strengthen our industry and the agricultural community. Participants in the survey receive the survey results at no cost, a valuable asset for your business and your growth. Be sure to submit your survey by April 2, 2021, in order to obtain your free results.

Click here to participate now.

Valuable Data. Premier Resources.

Click here to learn more about the Western Growers Compensation and HR Practices Survey.

Million-Dollar CPS Donors Rank Produce Safety as Top-Level Threat

March 16th, 2021

In an effort to safeguard consumers and the industry’s future by improving produce safety knowledge, Western Growers (WG) and Taylor Farms are each donating $1 million to the Center for Produce Safety (CPS). The donation will help continue CPS’ work to fund science, find solutions and fuel change in fresh produce food safety.

“We are in an era of greater transparency, and the high expectations that come with transparency about how this industry operates and the standards that it adheres to,” said WG President and CEO Dave Puglia in a CPS press release. Along with labor and water, “food safety has joined a triumvirate of challenging issues that need our full attention.”

WG and Taylor Farms are the first Diamond ($1,000,000+) level supporters to a capital fundraising campaign that Center for Produce Safety unveiled in late January. CPS has now raised over $5 million toward its $15 million goal to finance produce-specific food safety research, and to transfer research learnings to industry, government and other stakeholders, over the next five years.

“For us, investing in Center for Produce Safety promises to deliver practical, science-based solutions to enhance food safety practices that will be realized by technology in many cases,” said Puglia.

WG also contributed $1 million to CPS in 2015 during CPS’s previous campaign. For more information about the 2020 campaign and to see the full list of donors (many of which are WG members), visit the CPS Campaign for Research website here.

Robert Sakata Appointed to Colorado Water Conservation Board

March 18th, 2021

Robert Sakata, owner of Sakata Family Farms and a Western Growers member, now sits on the Colorado Water Conservation Board (CWCB), playing a significant role in finding innovative solutions to the state’s increasing water demands. Sakata was appointed by Colorado Governor Jared Polis and was officially sworn into the CWCB on Wednesday, March 10, for a 2021 – 2024 term.

In his role, Sakata will serve the citizens of Colorado by helping develop the Basin Implementation Plans, the Colorado Water Plan update, the Colorado River Drought Contingency Plan work, and post-wildfire response, among other issues.

Sakata is one of the first full-time farmers to sit on the CWCB and will proudly represent the Colorado fruit and vegetable industry. With his new role, Sakata will no longer serve on the Colorado Fruit and Vegetable Growers Association Board of Directors.

“A lot of times, you have to be at the table to make sure you are not losing ground,” said Sakata in a recent WG&S Magazine article. “There are so few of us left in agriculture and when there is an opportunity, we need to make sure that our voice is heard.”

Western Growers congratulates Mr. Sakata on this highly consequential new role.

Learn How to Influence Change in WG Women’s Lobbying 101 Workshop

March 25th, 2021

Have a virtual morning coffee with one of the largest and most influential government affairs teams in the fresh produce industry during our exclusive “Lobbying 101 Workshop” on April 7. Western Growers’ government affairs teams in Sacramento, Phoenix and Washington, D.C., will share effective strategies on advocating for the industry and best practices for successfully lobbying elected and regulatory officials.

Register today and learn how YOU can influence change.

WHAT YOU’LL LEARN:

  • How Laws are Made
  • Laws vs Regulations: What’s the Difference
  • The Budget Process
  • How Lobbying Works
  • How WG Lobbies
  • Policy Priorities for Specialty Crops
  • Advocacy Opportunities for WG Women

WHO YOU’LL HEAR FROM:

  • Dennis Nuxoll, Vice President, Federal Government Affairs
  • Matthew Allen, Vice President, State Government Affairs
  • Gail Delihant, Senior Director, CA Government Affairs
  • Jonathan Sarager, Director, Federal Government Affairs
  • Robert Medler, Arizona Government Affairs Manager
  • Tracey Chow, Federal Government Affairs Specialist

EVENT DETAILS:
WG Women’s Lobbying 101 Workshop
Date: Wednesday, April 7, 2021
Time: 8:30 AM – 9:30 AM PT
Register: CLICK HERE TO REGISTER
*The deadline to register is Monday, April 5

This event is only available to participants of the WG Women Program and is completely FREE. Please note that you MUST be a participant of the WG Women Program to register for this event. To apply for the program, fill out the application here.

For questions, contact Stephanie Metzinger at (949) 529-8781.

Cornell University Conducts Anonymous Survey to Assess Food Industry Needs

March 9th, 2021

Cornell University is conducting a research study titled “Modeling and Training to Enhance Resilience of the U.S. Food System to COVID-19 Labor Shortages,” to assess the most urgent needs of the food industry with respect to the COVID-19 pandemic. As part of the study, Cornell is encouraging participation in an anonymous 30-minute survey to help identify the best COVID-19 control strategies and develop training materials. Participants may choose to answer all or portions of this survey.

This research study is funded by the USDA program, “Rapid Response to Novel Coronavirus (SARS-CoV-2) Impacts Across Food and Agricultural Systems,” and will benefit participating companies by providing the opportunity to voice their COVID-19-related experiences and needs.

Western Growers encourages members to participate in the survey. No identifying data will be collected through this survey and participation is voluntary.

For more information or questions about this research study, please contact Dr. Renata Ivanek at [email protected].

AWC Calls on Senate to Act on Ag Immigration Reform

March 23rd, 2021

Following passage of the Farm Workforce Modernization Act (FWMA) last week in the U.S. House of Representatives, the steering committee of the Agriculture Workforce Coalition (AWC) called on the U.S. Senate to develop and pass legislation addressing the labor crisis faced by agriculture.

In a letter to Senate leadership, the AWC states: “We must address this workforce crisis threatening farms across the United States so our producers can continue to feed, clothe, and fuel our nation. Doing so requires providing stability for our existing workers and key reforms to the H-2A program.”

The letter notes the uncertainty farmworkers across the country face and the struggle for employers to fill open jobs on the farm. Part of the problem is the H-2A program, which is cumbersome and expensive, does not meet the needs of producers with year-round labor needs, and uses a flawed survey to set wages.

The AWC concludes: “Without immediate action by the Senate, many farmers do not see a future in labor-intensive agriculture as the margins between profitability and loss disappear due to the federal government’s outdated policies and broken immigration system.”

Click here to read the full letter.

Senators Michael Bennet (D-CO) and Mike Crapo (R-ID) have announced that they will introduce companion legislation in Senate. Following House passage of the FWMA, Bennett and Crapo issued the following joint statement:

“We applaud our colleagues in the U.S. House of Representatives — on both sides of the aisle — for their work on this crucial legislation to make much-needed reforms to our immigration system for our producers and farmworkers. House passage of the Farm Workforce Modernization Act is an important step toward bringing certainty to our country’s agriculture industry and the hard-working producers and farmworkers who have sustained the nation during the COVID-19 pandemic. We will work together to introduce companion legislation in the U.S. Senate that appropriately addresses the needs of both the industry and the farmworkers that uphold it.”

About the AWC:
The AWC brings together organizations representing the diverse needs of agricultural employers across the country. AWC serves as the unified voice of agriculture in the effort to ensure that America’s farmers, ranchers, and growers have access to a stable and secure workforce. For more information, please visit www.agworkforcecoalition.org.

USDA Announces Pandemic Assistance for Producers

March 25th, 2021

USDA Secretary Tom Vilsack announced yesterday that USDA is establishing new programs and efforts to bring financial assistance to farmers, ranchers and producers impacted by COVID-19 market disruptions. With at least $6 billion dedicated toward the new initiative, the USDA Pandemic Assistance for Producers will reach a broader set of producers than in previous COVID-19 aid programs.

Notably, USDA will dedicate at least $6 billion to develop new programs or modify existing proposals. Among other items, these efforts will include assistance for:

  • Specialty crops, beginning farmers, local, urban and organic farms;
  • Costs for organic certification or to continue or add conservation activities;
  • Personal Protective Equipment (PPE) and other protective measures for food and farm workers and specialty crop producers, processors and distributors;
  • Developing infrastructure to support donation and distribution of perishable commodities, including food donation and distribution through farm-to-school, restaurants, or other community organizations; and
  • Reducing food waste.

Additionally, USDA expects to begin investing approximately $500 million in expedited assistance through several existing programs this spring, including $100 million in additional funding for the Specialty Crop Block Grant Program, which enhances the competitiveness of fruits, vegetables, tree nuts, dried fruits, horticulture, and nursery crops.

Of final note, USDA will reopen sign-up for CFAP 2 for at least 60 days beginning on April 5, 2021; the payments will go out under the existing CFAP rules.

Visit www.farmers.gov for more information on the details of the USDA Pandemic Assistance Program for Producers.

CA Sets Aside 40 Percent of Vaccine Doses for Hardest-Hit Communities

March 4th, 2021

Today, California Governor Gavin Newsom announced that the state has set aside 40 percent of vaccine doses for its most impacted communities and established a vaccine equity metric to increase vaccinations in those communities. The state aims to deliver a minimum of 2 million vaccine doses to these communities, in an effort to move counties through tiers safer and more efficiently.

Governor Newsom made the following statement:

“With more vaccines online and administered, California is now in a position to take steps toward ending this pandemic by keeping our guard up and by vaccinating those Californians most at risk and most exposed. Vaccinating our most impacted communities, across our state, is the right thing to do and the fastest way to end this pandemic.”

California will continue to enforce masking, testing, contact tracing, quarantines and isolation. The state’s approach recognizes the disproportionate impact of the pandemic across counties, noting 40 percent of COVID cases and deaths have occurred in the lowest quartile of the Healthy Places Index, which provides overall scores and data that predict life expectancy and compares community conditions that shape health across the state.

For more information on California’s vaccine equity metric, read Newsom’s full press release here.

DWR Releases California’s Groundwater – Update 2020 Draft, Seeking Public Input

March 11th, 2021

The California Department of Water Resources (DWR) recently released California’s Groundwater – Update 2020 and is encouraging community members and water managers to provide input. This draft contains relevant information regarding California’s groundwater, as the state faces a critical drought year.

This draft also recognizes the passage of the Sustainable Groundwater Management Act in 2014 and builds a statewide framework to share new information and progress made by locals who are managing groundwater basins across the state. While doing so, it also highlights pertinent topics such as water markets and climate change’s impact on groundwater.

DWR is developing a companion California’s Groundwater web-based dashboard leveraging the California Natural Resources Agency Open Data Platform to improve the access and timeliness of statewide groundwater information. DWR will present an overview of California’s Groundwater at a public webinar meeting on March 30, 2021, from noon to 1:30 p.m.

Click here to register.

Public Comment Period

A 45-day public comment period is now open on the draft report and companion California’s Groundwater Online application. All comments will be reviewed and will provide valuable feedback to DWR to improve the analysis, reporting and access to California’s groundwater information.

Public comments can be emailed to [email protected] and will be accepted through April 26, 2021.

To review submitted public comments, email [email protected].

New One-Stop COVID-19 Hub for CA Employers

March 2nd, 2021

To assist with new challenges in health and the workplace caused by the pandemic, a one-stop hub for California employers to conveniently find up-to-date state and local county COVID-19 guidance is now available.

This resource provides employers with tailored roadmaps, guidance relevant to specific industries, online trainings, safety procedures and other helpful resources.

Access the Safer at Work COVID-19 Employer Portal here: https://saferatwork.covid19.ca.gov/employers/.

For additional COVID-19 support, visit the following WG resource pages:

  • COVID-19 Vaccination Updates: Visit the COVID-19 Vaccination Updates Page to access updates, resources, and critical links to assist our members with questions or navigation of the vaccination processes. https://www.wga.com/covid-19-updates
     
  • COVID-19 Resources: Visit the COVID-19 Resources Page to access the most up-to-date, relevant COVID-19 guidance and resources for your agricultural operations. https://www.wga.com/covid-19-resources-page 

California Legislature Approves Extension of COVID-19 Supplemental Paid Sick Leave

March 23rd, 2021

On March 19, 2021, California Governor Gavin Newsom approved Senate Bill 95 expanding existing paid sick leave benefits under the Healthy Workplaces, Healthy Families Act of 2014. Existing law provided for COVID-19 paid sick leave until December 31, 2020. The newly passed legislation – applied retroactively to January 1, 2021 – is intended to extend coverage beyond the December expiration date through September 30, 2021.

Employers with 25 or more employees will be required to begin providing supplemental paid sick leave beginning March 29, 2021.[1] Expanding existing qualifications, SB 95 now requires supplemental paid sick leave be provided to employees unable to work or telework for any of the following reasons:

  • The employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the California Department of Public Health (CDPH), the federal Centers for Disease Control and Prevention (CDC), or a local health officer who has jurisdiction over the workplace.
  • The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
  • The employee is attending an appointment to receive a vaccine for protection against contracting COVID-19.
  • The employee is experiencing symptoms related to a COVID-19 vaccine that prevents the employee from being able to work or telework.
  • The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  • The employee is caring for a family member who is subject to an order or guidelines of the CDPH, DCD, or who has been advised to self-quarantine.
    • Family member includes: spouse; registered domestic partner; grandparent; grandchild; sibling; child regardless of age or dependency status including biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; and a parent, including biological, adoptive, foster parent, stepparent, or legal guardian of an employee or employee’s spouse or domestic partner, or person who stood in loco parentis when the employee was a minor child.
  • The employee is caring for a child whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

Employers are required to provide eligible full-time workers 80 hours of paid leave for the reasons listed above. Part-time workers and those working a variable schedule will be entitled paid leave calculated using a formula set out in the law. Employers subject to federal Families First Coronavirus Response Act supplement paid sick leave provisions, who opted to extend leave beyond the December 31, 2021, expiration date, can credit leave already provided towards SB 95 COVID-19 supplemental paid sick leave requirements.

Two important aspects immediately impacting employers are the bill’s retroactive payment requirement and its wage statement provision.

  • Any workers who took unpaid sick leave from January 1, 2021, through the present for any qualifying reason are entitled to retroactive pay.
  • Employers must include – separately – the amounts of paid sick leave available on the employee’s wage statement for both regular paid sick and COVID-19 supplement paid leave amounts. Paid sick leave amounts must be added to employee wage statements by the next full pay period following the date SB 95 takes effect (March 29, 2021).

More guidance is expected in the coming days and weeks to assist with questions concerning COVID-19 compensation already provided pursuant to Cal/OSHA Emergency Temporary Standards (“ETS”) and the employer’s duty to provide retroactive pay. The full text of SB 95 can be found here.

 


[1] SB 95 takes effect 10 days after being signed into law. The bill was signed by Gov. Newsom on March 19, 2021.

DOL Launches Ag Education Initiative

March 30th, 2021

The U.S. Department of Labor (DOL) has launched a nationwide education, outreach and enforcement initiative to ensure workplace protections for farmworkers.

The initiative includes targeted outreach and education efforts to ensure that farmworkers and their advocates understand their rights and that they should contact the DOL’s Wage and Hour Division to file a complaint if violations occur. The effort also focuses on educating growers, farm labor contractors, other agricultural employers and industry stakeholders to ensure that they understand their responsibilities, and that the DOL’s Wage and Hour Division is available to answer their questions.

In addition to education and outreach, the initiative’s compliance component seeks to reduce agricultural industry violations through enforcement. When appropriate, the DOL’s Wage and Hour Division will suspend, revoke or withhold renewal of contractor’s farm labor certificates after multiple violations of the Migrant Seasonal Protection Act or if they fail to comply with a final order requiring the payment of a civil money penalty. The DOL may also debar H-2A employers that fail to comply with program requirements from participation for up to three years.

For H-2A filing and compliance assistance, and general legal guidance, contact Jason Resnick, senior vice president and general counsel at Western Growers, at [email protected] or (949) 885-2253.

Western Growers Statement on Reintroduction of Farm Workforce Modernization Act

March 4th, 2021

Irvine, Calif. (March 3, 2021) – In response to the reintroduction of the Farm Workforce Modernization Act in the U.S. House of Representatives, Western Growers President & CEO Dave Puglia issued the following statement:

“We appreciate the efforts of Representatives Zoe Lofgren and Dan Newhouse, and all of our congressional champions, to keep the agricultural labor crisis front and center in the debate over immigration reform. The Farm Workforce Modernization Act, which was passed with bipartisan support in the House in 2019, is the culmination of nearly a decade of negotiations between key stakeholders and represents an important first step toward resolving, once and for all, one of the biggest challenges facing American farmers.

“Two critical needs for agriculture are addressed in this legislation. First, it provides a mechanism to ensure that farming operations can retain existing, experienced workers. Secondly, the bill reforms the visa program to secure a reliable future flow of guest workers. Additionally, after a satisfactory transition period, it includes E-Verify for agricultural employers, demonstrating our industry’s commitment to a long-term labor solution.

“We recognize that there is more work to be done, but this marks a major step forward. The viability of family farms and rural communities across the country, as well as a safe and secure domestic food supply, requires an adequate workforce. We will continue working to advance this legislation and enlisting the support of problem-solving legislators of both parties in both houses as well as the Biden Administration this year.”

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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Agriculture Coalition Files Lawsuit Challenging Coachella Urgency Ordinance

March 12th, 2021

IRVINE, Calif. (March 12, 2021) – A coalition of agricultural organizations has filed a lawsuit in Riverside Superior Court to block Coachella’s urgency ordinance mandating that farmers and other agricultural employers pay an additional four dollars per hour to their employees for at least 120 days.

In the complaint, plaintiffs Western Growers Association, California Fresh Fruit Association, and Growing Coachella Valley argue, among other claims, that there is no factual justification for the urgency ordinance, that it’s unconstitutionally vague, and that the urgency ordinance will cause irreparable harm to agricultural employers for which they have no adequate remedy.

“Coachella Valley farmers have made significant investments to comply with local, county, state and federal guidance on employee health and safety during the COVID-19 pandemic,” said Growing Coachella Valley Executive Director Janell Percy. “Add in these expenses to already-existing regulatory compliance costs, agricultural overtime laws, and the highest minimum wage in the country, our local family farms are buckling under the weight.”

After the Coachella City Council passed the mandate, a Los Angeles Times report relayed a warning from a United Farm Workers organizing coordinator who correctly observed that farmers are already “struggling” with California’s wage and overtime costs and are reducing overtime hours: “Hero pay sounds good in theory, he added, but in practice it’s possible that ‘the worker ends up losing.’”[1]

“The COVID-19 pandemic continues to be felt by all. The past year has been nothing short of challenging,” said California Fresh Fruit Association President Ian LeMay. “Yet, as we begin to collectively move beyond the darkest days, it is beyond astonishing that the leaders of the City of Coachella decided to impose another burden on agriculture. It is our hope that with time and additional counsel, the City will reverse course and remove this obstacle to economic recovery in the Coachella Valley.”

In a comment letter to the council prior to their adoption of the urgency ordinance, Western Growers President and CEO Dave Puglia noted: “Farmers are price takers, not price setters. Grocery and restaurant buyers have many options for sourcing the types of fresh produce grown in the Coachella Valley and will look elsewhere – likely Mexico – for cheaper sources of fresh bell peppers, lettuce, cabbage, table grapes, dates, citrus and other Coachella-grown produce. While the Coachella City Council can mandate higher wages be paid to farm employees, they cannot mandate that grocery stores and restaurants accept the additional cost and pass it along to consumers.” The full text of that letter is linked here.

According to the Palm Springs Desert Sun, some members of the Coachella City Council acknowledged that they approved the premium pay mandate “without all the data they needed to make an informed decision,” including Coachella Mayor Pro Tem Josie Gonzalez who said, “I do have to admit — I did not understand the impact and I’m worried that in us wanting to do what we believe in our hearts is the right thing, it may even hurt our workers.”[2]

“This ordinance was driven by the simplistic and ultimately false assumption that the basic laws of economics can be ignored without consequence,” said Puglia. “While some council members appear to be reconsidering this action, the ordinance – which hands enforcement to private trial lawyers under California’s job-killing ‘Private Attorney General’ law – is in force now. It is so poorly written that many employers with Coachella ties can’t determine if the ordinance even applies to them. We are taking this drastic step to prevent the economic injuries farmers and thousands of agriculture employees are bound to suffer if this measure is not repealed immediately.”

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

The plaintiffs are represented by Howard A. Sagaser with Sagaser, Watkins & Wieland in Fresno, California.

The three plaintiff organizations and media contacts are listed below:

 

[1]“Coachella institutes ‘hero pay’ for farmworkers: ‘Part of the cultural ethos.’” The Los Angeles Times, 2/10/2021: https://www.latimes.com/business/story/2021-02-10/coachella-considers-hero-pay-for-farmworkers

[2] “Coachella leaders under fire from growers for ‘hero pay’ ordinance that includes farmworkers.” Palm Springs Desert Sun, 2/25/2021: https://www.desertsun.com/story/news/local/coachella/2021/02/25/coachella-hero-pay-seeks-more-data-effectson-growers-farmworkers/6811165002/  

 

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.

About California Fresh Fruit Association:
The California Fresh Fruit Association (formerly the California Grape & Tree Fruit League) is a voluntary, nonprofit agricultural trade association that represents California’s fresh fruit industry.

About Growing Coachella Valley:
Growing Coachella Valley is a not-for-profit organization that focuses on protecting water and other resources that benefit the Coachella Valley.

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National Ag, Water Coalition Highlights Need for More Water Investments in Biden Infrastructure Proposal

March 31st, 2021

IRVINE, Calif. (March 31, 2021) – Recognizing the constructive elements of conservation, efficiency, recycling and watershed management included in the Biden administration’s initial infrastructure proposal, a national coalition of over 200 agricultural organizations and urban and rural water districts said today it would urge the federal government to further bolster investment in the nation’s aging water facilities.

In January, the coalition called on the administration and congressional leaders to invest in a diversified water management portfolio that enhances water supply and quality for urban and environmental uses, while keeping water flowing to Western farms and rural communities.

While the details of the plan are still forthcoming, the coalition said it looks forward to working with the administration and Congress on the larger need for Western water infrastructure, such as above- and below-ground water storage facilities, conveyance and desalination, along with federal financing mechanisms for such water projects.

With Western states facing another drought and their importance in supplying much of the nation’s food supply, the coalition said it is even more critical to recognize the need for rural water infrastructure investments to capture and store water for use when it is needed most.

“To ensure that food can continue to be safely and affordably produced in the West, and that rural communities continue to have access to the water critical to their economies, it is important that water supply investment be included as a necessary component of a national infrastructure package,” California Farm Bureau President Jamie Johansson said. “We will continue to work with Congressional leaders to build on the administration proposal with enhanced funding for water infrastructure.”

“Decades of neglect have rendered our federal water projects unable to meet the human and environmental needs of the West,” Western Growers President and CEO Dave Puglia said. “While highways and bridges are front and center in the administration’s proposal, federal investments in water storage and conveyance would present an opportunity to strengthen our farming and rural communities while providing good-paying jobs and an economic boon for the construction industry.”

“The severe drought punishing much of the West only emphasizes the need to plan now for future droughts and provide the funding needed to not only fix, but to ‘build back better’ the national system responsible for delivering water to homes, businesses, farms and the environment,” Family Farm Alliance Executive Director Dan Keppen said.

“Appropriate investments in water infrastructure will assure that underserved rural communities throughout the nation have access to clean, reliable water,” Association of California Water Agencies Director of Federal Relations David Reynolds said. “Water infrastructure funding can help the nation adjust to climate change, better protect the environment and help ensure safe, abundant, local food supplies.”

“The Biden administration has put its opening hand in the infrastructure debate on the table,” National Water Resources Association President Christine Arbogast said. “We look forward to additional details and discussion on the Western water and rural water elements specifically mentioned in the President’s Build Back Better proposal. Infrastructure needs in the West are different from other regions of the country, and they deserve the attention and investment which will come from the vigorous debate which will now begin in earnest. We look forward to working with the administration and Congress on this critical effort.” 

The coalition includes organizations from 15 states that collectively represent $120 billion in agricultural production, nearly one-third of all agricultural production in the country, and tens of millions of urban and rural water users.

About Association of California Water Agencies:
The Association of California Water Agencies (ACWA) is a statewide association of public agencies whose more than 450 members are responsible for about 90% of the water delivered in California. For more than a century, ACWA’s mission has been clear: to help members promote the development, management and use of good quality water at the lowest practical cost and in an environmentally responsible manner.

About California Farm Bureau:
The California Farm Bureau 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 Family Farm Alliance:
The Family Farm Alliance is a powerful advocate for family farmers, ranchers, irrigation districts, and allied industries in seventeen Western states. The Alliance is focused on one mission – To ensure the availability of reliable, affordable irrigation water supplies to Western farmers and ranchers.

About National Water Resources Association:
National Water Resources Association advocates federal policies, legislation, and regulations promoting protection, management, development, and beneficial use of water resources. The association is dedicated to achieving sustainable water supply for all beneficial uses in an economical and environmentally responsible manner.

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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