CDC Loosens its COVID-19 Guidance

August 19th, 2022

On August 11th, the Center for Disease Control (CDC) relaxed its Covid-19 recommendations, which rescinds and alters a number of key recommendations, including treating unvaccinated and vaccinated people differently for many purposes, explicitly stating that people with previous infection have protection against severe illness, and dropping six-foot social distancing standard. The shift in strategy reportedly places more of the onus on individuals, rather than businesses, schools and other institutions to control the spread of the Coronavirus.

The agency has also eliminated the quarantine rule for unvaccinated individuals, as well as dropping its recommendation that people be screened or tested for Covid at work and in most public settings.  The changes are reflected on the CDC’s webpage, “How to Protect Yourself and Others.”

Some previous guidance remains intact. For example, the CDC guidance advises people who have been exposed — but not confirmed to be infected — to still wear a mask and get tested at least five days after exposure.  And people who test positive should continue to isolate immediately and stay home for five full days if positive.

While many welcomed CDC loosening its coronavirus guidance, California employers should continue to follow the Cal/OSHA COVID-19 Emergency Temporary Standard (ETS) which remain in effect.  The California workplace standards were updated in May 2022, and the revisions will remain in effect until December 31, 2022. More information on the COVID-19 Prevention Emergency Temporary Standards is available on Cal/OSHA’s Frequently Asked Questions.

Ninth Circuit Withdraws Prior Opinion Regarding California’s AB 51 and Grants Panel Rehearing

August 26th, 2022

Since 2021, the challenge to California’s Assembly Bill (AB) 51 (on employment arbitration) has been in limbo awaiting the U.S. Court of Appeals for the Ninth Circuit’s decision on a petition to rehear the appeal en banc. On August 22, 2022, instead of granting or denying the petition for rehearing en banc, the Ninth Circuit made a surprise decision to withdraw its prior opinion and grant a panel rehearing.

Background

Under AB 51, employers are prohibited in California from requiring employees to sign as a condition of employment or employment-related benefits arbitration agreements concerning disputes arising under the California Fair Employment and Housing Act or California Labor Code. AB 51 purports to apply to any arbitration agreement entered into, modified, or extended on or after January 1, 2020.

As AB 51 took effect in early 2020, a California federal district court granted the U.S. Chamber of Commerce’s request for a preliminary injunction, enjoining enforcement of AB 51 with respect to arbitration agreements governed by the Federal Arbitration Act (FAA). The district court ruled that AB 51 put arbitration agreements on an unequal footing with other contracts, in violation of the FAA, by imposing a higher consent requirement on arbitration agreements and potential civil and criminal penalties against employers seeking to enter into arbitration agreements. The State of California appealed the preliminary injunction to the Ninth Circuit.

In 2021, a divided Ninth Circuit panel held that the FAA does not completely preempt AB 51. Chamber of Commerce of the U.S., et al. v. Bonta, et al., 13 F.4th 766 (9th Cir. 2021). The panel concluded that the FAA does not preempt AB 51 to the extent that AB 51 seeks to regulate an employer’s conduct prior to executing an arbitration agreement. The panel held that the FAA preempts AB 51 only to the extent that AB 51 seeks to impose civil or criminal penalties on employers who have successfully executed arbitration agreements governed by the FAA. In other words, according to the prior panel opinion, an employer who successfully requires an arbitration agreement as a condition of employment in contravention of AB 51 cannot be subject to AB 51’s penalties (so long as the agreement is governed by the FAA), whereas an employer who unsuccessfully attempts to require arbitration as a condition of employment can be subject to AB 51’s penalties. Judge Sandra Ikuta wrote a vigorous dissent, analogizing the “tortuous ruling” to a situation where it is “unlawful for a [drug] dealer to attempt to sell illegal drugs, but if the dealer succeeds in completing the drug transaction, the dealer cannot be prosecuted.”

The U.S. Chamber of Commerce soon thereafter filed a petition for rehearing en banc, which the Ninth Circuit deferred pending the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana. The U.S. Supreme Court issued its decision in Viking River Cruises on June 15, 2022, and subsequently denied the respondent’s petition for rehearing.

On August 22, 2022, instead of granting or denying the petition, the Ninth Circuit made a surprise decision to withdraw its prior opinion and grant a panel rehearing. Judges Ikuta and William Fletcher voted in favor of withdrawing the panel opinion and granting rehearing. Judge Carlos Lucero, sitting by designation from the Tenth Circuit, voted against rehearing.

What’s Next

The Ninth Circuit panel will set a date for the rehearing. The fact that Judge Fletcher agreed with Judge Ikuta to withdraw the panel decision and rehear the matter may indicate a likelihood that the Ninth Circuit three-judge panel might conclude the FAA preempts AB 51 in its entirety. In the meantime, the district court’s preliminary injunction enjoining enforcement of AB 51 remains in place pending a new opinion by the Ninth Circuit panel.

Authored by Mia Farber, Scott Jang and Cecilie Read with Jackson Lewis, PC. 

U.S. Supreme Court Denies Rehearing in Viking River Cruises

August 26th, 2022

On August 22, 2022, the U.S. Supreme Court denied the plaintiff-employee’s petition to reconsider the decision in Viking River Cruises, Inc. v. Moriana case.  The high court also issued a final judgment, leaving intact the Court’s ruling on statutory standing under PAGA.

While the U.S. Supreme Court’s opinion is now final, the California Supreme Court has granted review in several cases pertaining to employment arbitration agreements and PAGA.  The grant of review in these cases is a clear signal that the California Supreme Court intends to clarify statutory standing under PAGA in light of the U.S. Supreme Court’s decision in Viking River Cruises.

Authored by Jackson Lewis, PC.

Western Growers Applauds $4 Billion in Drought-Relief Funding

August 8th, 2022

IRVINE, CALIF. (Aug. 8, 2022) – In response to the inclusion of $4 billion in drought-relief funding for the Colorado River Basin in the Senate spending bill, Western Growers President & CEO Dave Puglia issued the following statement:

“We appreciate the determination of Senator Kyrsten Sinema and her colleagues to secure substantial new funding for drought-related priorities in the Colorado River Basin, which supports 5.7 million acres of irrigated agriculture including most of the nation’s winter vegetables as well as other high-value foods such as citrus and melons.

“Not only does the Colorado River supply the water and power needs of nearly 40 million people across the West, it sustains the agricultural output of Yuma, Arizona and California’s Imperial Valley. Without fast and serious federal assistance, a significant portion of the nation’s food supply hangs in the balance.

“Senator Sinema and the other Western members of the Senate who insisted on inclusion of this relief have our sincere gratitude.”

For more information, please contact:

Ann Donahue

(949) 302-7600

[email protected]

About Western Growers:

Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in California, Arizona, Colorado and New Mexico. Western Growers’ members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. Connect and learn more about Western Growers on Twitter and Facebook

###

Pinnacle Claims Management Expands Management Services to its Cedar Health and Wellness Center in Santa Maria, Calif.

August 9th, 2022

IRVINE, Calif. (Aug. 1, 2022) – Pinnacle Claims Management, Inc., part of the Western Growers Family of Companies (WGFC), has announced it will facilitate patient care as a managing services organization at the Cedar Health and Wellness Center located in Santa Maria, California. This comes after Pinnacle announced it was taking over health care delivery and management of its Cedar Health and Wellness Center in Oxnard, Calif. last year.

Pinnacle’s continued venture in health care delivery reinforces its mission to streamline its services and focus on delivering a more hands-on approach to patient-centered, culturally sensitive health care in the agricultural community, as well as for its non-agricultural clients.

As a managing services organization, Pinnacle will provide the necessary administrative infrastructure, scale and technology at the Cedar Health and Wellness Center in Santa Maria, Calif. as well as to select providers in California in order for its partners to function successfully in their relationships with contracted payers and regulators. Pinnacle’s ultimate goal is to provide the highest quality of care at an affordable price and to alleviate the burden of health care administration and compliance on its physician partners, allowing them to focus on patient care.    

“This initiative underscores our commitment as a leader in the health care industry and enables us to provide solutions that enhance our services not only for clients, but also our members,” said David Zanze, President of Pinnacle Claims Management. “We’re excited to have the opportunity to expand access to high-quality, cost-effective patient care throughout the communities we serve.”

Founded more than 25 years ago, Pinnacle provides a full suite of comprehensive health benefits services to employers, which include third party administration, pharmacy benefit management, reinsurance, e-payment solutions, and health management and wellness. As part of the WGFC, Pinnacle also serves the needs of Western Growers members with health administration services for the association’s health plan.

For more information, please contact:

Michelle Rivera

Communications Manager, Pinnacle Claims Management Inc.

[email protected]

Western Growers Praises Gov. Newsom’s Bold Water Supply Strategy for California

August 11th, 2022

IRVINE, CALIF. (Aug. 11, 2022) – In response to Gov. Gavin Newsom’s Water Supply Strategy that was announced today, Western Growers President & CEO Dave Puglia issued the following statement:

“We applaud Governor Newsom’s bold and comprehensive water infrastructure and management strategy. Our farms are in distress due to water insecurity, increasingly placing millions of Californians in our agricultural regions at great risk of economic harm. To adapt to climate realities, the Governor’s plan recognizes the urgent need to build new and improve existing infrastructure and to streamline and improve the practicality of the regulatory processes that govern them. Critically, that means new and expanded surface and groundwater storage to capture wet year flood flows that are too infrequent to be missed. While we have only seen this plan for the first time today and are certain to have many questions about it, Governor Newsom has given us reason to move forward with optimism. This is clearly not just nibbling around the edges. We echo the Governor’s sense of urgency and look forward to working with his administration in good faith to turn this plan into action.”

For more information, please contact:

Ann Donahue

(949) 302-7600

[email protected]

About Western Growers:

Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in California, Arizona, Colorado and New Mexico. Western Growers’ members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. Connect and learn more about Western Growers on Twitter and Facebook

###

 

Western Agricultural Coalition Warns of Rural Economic Upheaval Without Effective Deployment of Drought Response Funding

August 29th, 2022

IRVINE, CALIF. (Aug. 29, 2022) – In a letter sent to U.S. Department of the Interior Secretary Deb Haaland and Bureau of Reclamation Commissioner Camille Calimlim Touton, a coalition of agricultural organizations offered their support, assistance and counsel for the immediate implementation of drought funding from the Inflation Reduction Act.

Key coalition principles include:

The Bureau of Reclamation should quickly release a Notice of Funding Availability with guidance to water managers currently developing drought response proposals and urgently deploy that funding to address the most critical needs.

As the Bureau of Reclamation develops a plan to deploy drought funding, they should work with local water managers, set goals focused on driving the voluntary participation needed, and keep the process, selection criteria and any necessary agreements simple and transparent.

Any program designed to temporarily reduce agricultural water use must recognize the value of lost production, the extended impact on the rural community and the cost of developing incremental new water supplies. It is also important to avoid any actions that result in permanent disruptions to our long-tern capacity to produce the food and fiber that is relied upon in the U.S. and across the globe. 

Agriculture should not be the only sector expected to reduce water use for the benefit of river systems. Urban planners and water users must also seriously address growth and reduce overall use or diversions to protect these systems.

The letter can be read by clicking here.

For more information, please contact:

Ann Donahue

(949) 302-7600

[email protected]

About Western Growers:

Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in California, Arizona, Colorado and New Mexico. Western Growers’ members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. Connect and learn more about Western Growers on Twitter and Facebook

Specialty Crop Farm Bill Alliance Issues Statement of Principles

August 29th, 2022

The Specialty Crop Farm Bill Alliance (SCFBA), a national coalition of more than 200 specialty crop organizations representing growers of fruits, vegetables, dried fruit, tree nuts, nursery plants and other products, has released its statement of principles for consideration of the 2023 Farm Bill.

The SCFBA was established to advocate for broad-based Farm Bill policy initiatives to address the unique needs of a diverse sector of the agricultural economy, known as specialty crops, and to address their overall competitiveness in the face of increasing imports and rising global pressures on American exports. It is led by co-chairs Mike Joyner, President of the Florida Fruit & Vegetable Association; Dave Puglia, President and CEO of Western Growers; and Kam Quarles, CEO of the National Potato Council, along with Robert Guenther, Chief Public Policy Officer for International Fresh Produce Association, who serves as secretariat for the Alliance. 

The co-chairs issued the following statement alongside the release of the SCFBA statement of principles:

“This statement of principles – which focuses on health, competitiveness and sustainability, trade and foreign competition, research and innovation, and natural resources and climate – is guiding our development of the Specialty Crop Farm Bill Alliance’s priorities for the 2023 Farm Bill. In the months ahead, specialty crop producers will continue to advocate for support under a common set of goals and intend to soon share recommendations to Congress. We continue to be encouraged by the support for our growers and look forward to working with industry leaders and policymakers to encourage access to broader resources for the specialty crop industry.”

Specialty crop production, including fruits, vegetables, tree nuts, nursery and greenhouse commodities, contributes significantly to the U.S economy, accounting for $64.7 billion in farm gate value and 30 percent of farm cash receipts for crops

The Specialty Crop Farm Bill Alliance Statement of Principles for Consideration of the 2023 Farm Bill:

Healthy Americans. Investments in the competitiveness and sustainability of the U.S. specialty crop industry will produce a strong return for all Americans, not just farmers. Expanding access and availability to safe, wholesome, healthy, and affordable foods, as well as trees, flowers, and plants, will encourage life-long healthy eating habits, mental and physical well-being, and help address national priorities such as obesity, heart disease, and food and nutrition insecurity.

Competitiveness and Sustainability. In recognition of its significance to American agriculture, the American food supply, and the communities it supports across the United States, a proportional share of farm bill resources and mandatory spending should be allocated to specialty crop priorities. To foster a better understanding of the specialty crop industry in the United States, Congress and USDA should invest in the human resources, expertise, and data collection and analytics necessary throughout the government to better serve this diverse and vital agricultural sector and its supply chains.

Trade and Foreign Competition. Preserving the critical supply chain for domestically sourced healthy foods in the United States should be a national priority. Establishing a competitive playing field for American specialty crop producers includes assisting American producers with unfair foreign competition, promoting American specialty crops in foreign markets, and eliminating trade barriers that discriminate against American specialty crop exports.

Research and Innovation. Scientific breakthroughs, technological innovation and data-enabled decision making will continue to drive long-term sustainability and profitability of the specialty crop industry as it adapts to labor, climate and environmental challenges, pests and diseases, rising global competitiveness, shifting consumer preferences, supply chain disruptions, and other challenges. A sustained federal investment into research and innovation must be of meaningful scale to catalyze opportunities for the industry, alleviate existing challenges, and propel U.S. specialty crop industry to a new level of global competitiveness.

Natural Resources and Climate. The production methods and structure of certain specialty crop producers has historically inhibited their ability to participate in many USDA conservation programs. Recognizing the diverse nature and unique challenges involved in specialty crop production, enhance the ability of specialty crop producers to participate fully in all USDA conservation programs as well as any initiatives to address global climate change.

The release of the statement of principles follows a July statement and letter to the leadership of the Senate and House Agriculture Committees officially opposing any attempt to expand the

definition of specialty crops beyond the commonly understood meaning set forth in the Specialty Crop Competitiveness Act of 2004 or to direct specialty crop funds to non-specialty crops, including natural stone, wild rice, and hemp. The Alliance is planning to release its full set of Farm Bill recommendations this fall.

The Specialty Crop Farm Bill Alliance is a national coalition of more than 200 organizations representing growers of fruits, vegetables, dried fruit, tree nuts, nursery plants and other products. The Alliance was established to enhance the competitiveness of specialty crop agriculture and improve the health of Americans by broadening the scope of U.S. agricultural public policy. For more information, visit https://farmbillalliance.com/.

 

Western Growers Mourns the Passing of Hank Giclas

August 8th, 2022

IRVINE, CALIF. (Aug. 8, 2022) – The Western Growers Family of Companies is mourning the passing of Hank Giclas. Dave Puglia, President and CEO, made this statement:

“Hank Giclas dedicated himself, totally and fully, in service to the people of the fresh produce industry. His career was an unabashed love affair with agriculture, second only to his dedication and devotion to the love of his life, Kathy, and their two children. We have a saying in our organization, that someone especially enamored with and dedicated to the people of our industry ‘bleeds Western Growers green.’ Hank probably coined that saying but whether he did or not, no one will ever embody its spirit more fully.

“Our industry is immeasurably better for Hank’s vision and leadership. Few in our industry labored as long and hard as Hank to produce scientifically valid food safety guidance. For much of his career, he blazed that trail with little company along the way, but because of his perseverance our industry today places food safety at the top of the agenda. Similarly, Hank saw the unlimited potential for technological innovation to solve the most intractable problems and improve every aspect of our industry. It was Hank’s vision to create and then grow the Western Growers Center for Innovation & Technology, which is today at the center of agtech innovation for the fresh produce industry.

“His career achievements go far beyond these, but in everything he did, Hank Giclas was that rare and special person who brought strategic vision forward and ensured its successful and practical execution.

“Yet for all he accomplished, Hank was persistently – almost stubbornly – humble. The industry accolades made him blush and he was quick to credit others and even faster to find his way back to work. He was always there to help a colleague or friend (and for Hank there was little distinction between them), no matter the inconvenience. With one of the heaviest workloads on the Western Growers team, it was a rarity to hear him grumble about the weight he carried, because he was animated by the knowledge that he was carrying it for the farmers he loved to serve.

“Thousands of hearts will hurt with Hank’s passing, but we can also celebrate that this person of great faith fulfilled his mission before being called home. The entire Western Growers family extends our deepest condolences to Kathy, Hannah and Henry, as well as their extended family and friends.”

Hank Giclas served the Western fresh produce industry in various capacities with Western Growers over three decades from 1990 until he retired as Senior Vice President, Strategic Planning, Science & Technology in 2020.

For more information, please contact:

Ann Donahue

(949) 302-7600

[email protected]

 

About Western Growers:

Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in California, Arizona, Colorado and New Mexico. Western Growers’ members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. Connect and learn more about Western Growers on Twitter and Facebook

###

Applications Now Open to Compete for $250,000 in AgSharks Pitch Competition

August 10th, 2022

IRVINE, CALIF. (Aug. 10, 2022) – Western Growers and S2G Ventures are now accepting applications for the 2022 AgSharks Competition, a unique event where startup companies pitch their innovations in front of a live audience of the world’s largest specialty crop producers to win a $250,000 minimum investment. Impact-driven entrepreneurs and startups developing technologies that promote a more healthy and sustainable food and agriculture system can apply for the AgSharks Competition at 2022agsharksevent.splashthat.com. Applications close on Monday, Sept. 12, 2022.

“With a proven track record of rewarding cutting-edge agtech innovators and enabling them to grow their businesses, we look forward to this year’s competitors engaging in a live, spirited back-and-forth with our members on how best to use technology to solve the most pressing needs of our industry,” said Western Growers President and CEO Dave Puglia. “With its real-world financial stakes for the start-ups and the potential long-term benefits for our members, the AgSharks Competition is one of the highlights of our Annual Meeting.” 

Three startups will be selected to pitch their inventions to a panel of growers, shippers, processors and venture capitalists in front of more than 300 fresh produce farmers and industry leaders during the WG Annual Meeting in Las Vegas on Nov. 2-5, 2022. The AgSharks finalists will be the only presenting startups featured on stage. In addition to potential investment capital, the winner(s) will receive international recognition, mentoring from S2G and WG, potential access to farm acreage to pilot their technologies and access to WG’s expansive network of leading fresh produce companies.

“AgSharks leads as the only pitch competition that offers agtech startups an audience with the biggest agricultural companies across the globe,” said Audre Kapacinskas, Principal at S2G Ventures. “The combination of exclusive access to hundreds of industry leaders, plus investment capital to fuel growth, are two elements that are crucial for a startup’s success in this industry.”

AgSharks was first held in 2017, and through the competition, past winners Hazel Technologies and Burro have since brought their products from development to market. Hazel Technologies has raised over $87.8 million in funding over six rounds and is advancing the industry with sachets that extend the shelf life of fresh produce by as much as three times. Burro raised a $10.9 million Series A round in September 2021 led by S2G Ventures and Toyota Ventures and continues to help solve farmers’ labor woes with the expansion of its fleet of autonomous robots to farms across the west.

About Western Growers:

Founded in 1926, Western Growers represents local and regional family farmers growing fresh produce in California, Arizona, Colorado and New Mexico. Western Growers’ members and their workers provide over half the nation’s fresh fruits, vegetables and tree nuts, including half of America’s fresh organic produce. Connect and learn more about Western Growers on Twitter and Facebook

About S2G Ventures:

S2G Ventures, the direct investment team of Builders Vision, partners with entrepreneurs who are working on solutions to some of the world’s greatest challenges across the food, agriculture, oceans, and clean energy markets. We provide capital, mentorship and value-added resources to companies pursuing innovative market-based solutions that generate positive social, environmental and financial returns. We provide our partners with flexible capital solutions that can range from seed and venture funding through growth equity to debt and infrastructure financing. For more information about S2G, visit s2gventures.com, tune-in to our podcast, or connect with us on LinkedIn.