A coalition of industry groups, including Western Growers, has filed an amicus curiae brief in the California Supreme Court in Adolph v. Uber Technologies, a case which will examine the ruling that purportedly provided relief to employers from California Labor Code Private Attorneys General Act PAGA claims in the recent decision from the United States Supreme Court in Viking River Cruises, Inc. v. Moriana.

The Supreme Court in Viking River enforced the parties’ arbitration agreement and ordered dismissal of the plaintiff’s nonindividual PAGA action, holding that statutory principles of standing precluded the employee from bringing claims on behalf of others in court while the employee was resolving an individual PAGA claim in arbitration. Thus, under Viking River, employers that implemented carefully drafted arbitration agreements could minimize PAGA risk. However, the California Supreme Court has accepted review in Adolph, placing at risk any relief provided by Viking River.

The amicus brief was filed by Californians for Fair Pay and Employer Accountability (CFPEA), the same organization that qualified the PAGA-repeal ballot measure for the 2024 ballot. The industry groups involved in CFPEA include the California Chamber of Commerce, California New Car Dealers Association, Western Growers Association, California Restaurants Association, California Grocers Association, California Retailers Association, California Manufacturers and Technology Association, and California Hospitals Association.

The brief makes several novel arguments. For example, the brief provides the California High Court with the relevant legal standard and framework the Court should use to examine the issues presented by the parties—a standard and framework not raised by the parties. CFPEA also illustrates for the court documented PAGA abuses and demonstrates how the plaintiff’s overly broad interpretation of the PAGA statute will lead to further abuses that undermine the State’s policy and the Legislative intent behind PAGA.

The California Civil Rights Department (CRD (formerly the Department of Fair Employment and Housing (DFEH)) has issued FAQs providing guidance on California’s new limitations on confidentiality and non-disparagement clauses in employment, separation, and settlement agreements.

The laws regarding these types of agreements have been expanded over the past several years. The last expansion, SB 331 – known as the ‘Silenced No More Act’ – broadly limited the use of non-disclosure provisions in all types of employment-related agreements.

Effective January 1, 2022, SB 331 expanded restrictions on settlement agreements that prevented the disclosure of facts relating not only to allegations of sexual assault, harassment, discrimination or retaliation based on sex, but to allegations based on any protected classification under the state’s Fair Employment and Housing Act (FEHA).

The FAQs offer guidance on questions such as:

• Can an employment or severance agreement prohibit an employee from talking about discrimination, harassment, retaliation, or other unlawful acts at work?
• Can an employment agreement require an applicant/employee to give up claims or rights in exchange for employment?
• Can a separation/settlement agreement prohibit an individual from disclosing the amount of severance/settlement received?

• Can a settlement agreement include a “no-rehire clause?”

In addition to the above, FAQs also include specific examples of compliant and non-compliant language.  

Starting January 24, 2023, UCCE Santa Clara; ALBA-Agriculture Land-Based Training Association and CDFA Specialty Crop Block Grant will be hosting an Organic Agriculture Seminar Series every Tuesday from 12-1 p.m. PST until March 21, 2023. Each workshop will include a 30-minute presentation followed by questions and general discussion on the day’s topic. Recordings of the 30-minute presentation will be made available after the event, but the questions and discussion will only be available in the live Zoom event.

The series will kick off with Joji Muramoto, Organic Production Specialist at UC Santa Cruz, discussing Nitrogen Mineralization from Organic Fertilizers and Composts on January 24th.

The upcoming schedule also includes the following topics:

January 31: Tools & Approaches for Assessing &Improving Irrigation Efficiency on the Farm with Michael Cahn, Irrigation and Water Resource Farm Advisor, UCCE

February 7: Organic Management of Nematodes with Philip Waisen, Vegetable Crops Advisor, UCCE

February 14: How to ID and Scout for Insect Pests with Alejandro del Poso, Assistant Professor of Entomology, Applied Insect Ecology – Turfgrass and Ornamentals, Virginia Tech University

February 21: Why & When to Choose Between Open-pollinated, Hybrid, & Land-race seeds? With Charlie Brummer, Director and Professor, Center for Plant Breeding, UC Davis

February 28: Management of Soil-borne Plant Pathogens with Organic Amendments with Amisha Poret-Peterson, USDA-ARS, Davis

March 7: Biology and Management of Thrips and the Diseases They Spread with Daniel Hasegawa, USDA-ARS, Salinas

March 14: Weed Management on Small farms and in Organic Production Systems with Darryl Wong, Center for Agroecology & Sustainable Food Systems, UC Santa Cruz

March 21: Recruiting Owls and Raptors for Pest Management with Breanna Martinico, Human-Wildlife Interactions Farm Advisor, UCCE

All events will utilize the same Zoom link found here.

Listen to keynote speakers, plenary sessions and panel discussions. Experience an exhibition of biological solutions. Meet growers and peers from all over the world.

The 2023 Salinas Biological Summit on June 20-21, 2023 is shaping up to be a must-attend event for Western Growers members to connect with startups, corporate players, investors, and regulators and to gain a global perspective on biological inputs.

To receive updates about early-bird pricing and event details like key themes, keynote speakers, breakout sessions and optional field trips, visit www.salinas-summit.com to register interest at the top of the page.

The dates for the second annual FIRA USA event have been set for Sept. 19-21, 2023 in Salinas, Calif.

Mark calendars and set travel plans, as last year’s event demonstrated why this is an event that’s not to be missed. More than 900 people went to the Fresno event in October 2022 and attended panels, saw developments in agtech, interacted with other attendees and witnessed cutting-edge equipment in action in the field.

The 2023 FIRA USA event is slated to carry on the establishing tradition of dynamic panels and engaging demonstrations set by the 2022 event.

This save the date announcement comes before the FIRA World event happening on Feb. 7-9, 2023 in Auzeville-Tolosane, the seventh annual event showcasing innovations in agricultural automation and robotics.

For more information on the upcoming FIRA USA event, contact WG VP of Innovation Walt Duflock at [email protected]