U.S Supreme Court Settles Arbitrability Automatic Stay Issue

June 29th, 2023

The right to file an interlocutory appeal[i] on the issue of arbitrability is provided for under the Federal Arbitration Act (FAA). However, the FAA is not clear on whether District Court proceedings are to be stayed pending resolution of the appeal. With decisions split among the District Courts, the U.S. Supreme Court has resolved the issue in favor of an automatic stay.

A 5–4 decision in Coinbase v. Bielski, determined that a district court “must stay its proceedings while [an] interlocutory appeal on arbitrability is ongoing.” The Court found this to be a “common sense” approach upholding both the letter and spirit of the FAA. As determined by Court, one of the major benefits of an automatic stay is that it prevents FAA interlocutory appeal protections from being undermined and virtually nullified as parties will no longer find themselves forced into early settlement just to avoid the costly burdens of litigation.

Noted by the dissent as a new rule favoring one class of litigants—defendants seeking arbitration – over another, employers will want to take note of this important decision when considering the pros and cons of entering into, and enforcing, arbitration agreements with their employees.

[i] An appeal of a non-final order issued during the course of litigation.

Tags: ,
Posted in News | No Comments »

Colorado Enacts Job Application Fairness Act

June 29th, 2023

Starting July 1, 2024, Colorado’s newly signed SB 23-058 – known as the Job Application Fairness Act (the Act) – prohibits employers from requesting an individual include their “age, date of birth, or dates of attendance at or date of graduation from an educational institution” on an initial application for employment.

In accordance with the Act, employers may request or require an individual provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application, if the employer notifies the individual that they can redact the prohibited identifying information.

An employer may request an applicant to verify compliance with age requirements if there is:

  • a bona fide occupational qualification pertaining to public or occupational safety;
  • a federal law or regulation; or
  • a state or local law or regulation based on a bona fide occupational qualification.”

However, employers must be mindful that the requested verification(s) must not require the individual to disclose information now prohibited under the Act (e.g., an individual’s specific “age, date of birth, or dates of attendance at or date of graduation from an educational institution”).

The statute does not create or authorize a private right of action and sets penalties enumerated in the Act as an aggrieved party’s sole remedy. Penalties for violating the Act are progressive in nature:

  • For the first violation, a warning and an order requiring compliance within fifteen business days;
  • For the second violation, an order requiring compliance within fifteen business days and a civil penalty not to exceed $1,000 dollars; or
  • For a third or subsequent violation, an order requiring compliance within 15 business days and a civil penalty not to Exceed $2,500 dollars.

Employers will not be subject to penalties for a second or subsequent violation unless the employer:

  • Failed to comply with an order requiring compliance within 15 business days after the date of the order; or
  • Complied with an order requiring compliance within 15 business days but then committed a violation of this section more than 15 business days after the issuance of the Order.

Violations will be assessed based on each distinct job posting and not on each instance of an individual responding to the non-compliant job posting.

As the statute’s July 1, 2024 enforcement date approaches, look for additional guidance from the state concerning procedures for handling complaints and notice to employers along with requirements for retaining/maintaining relevant employment records once a complaint has been filed. In the meantime, employers should begin outlining plans for updating existing job applications to assure compliance with the Act ahead of the July 2024 deadline.

Tags: , ,
Posted in News | No Comments »

Farms Assessed $165,0000 by Cal/OSHA after Half Moon Bay Massacre

June 29th, 2023

According to Cal/OSHA, two Half Moon Bay mushroom farms face up to $165,000 in penalties following the agency’s investigation into a deadly active shooter incident that took place last February.

The regulatory agency cited California Terra Gardens, under Injury and Illness Prevention Program (IIPP) requirements, for twenty-two alleged violations – many considered serious under Cal/OSHA standards – totaling $113,800 in penalties. Some of the more serious allegations centered around the company’s:

  • Failure to “effectively identify and evaluate” the hazard of an active shooter, as well as previous threats made at the worksite.
  • Failure to implement IIPP provisions for conducting job hazard analyses.
  • Failing to notify employees of an active shooter situation and providing information for avoidance and protection.

Concord Farms faces similar IIPP-related allegations and equally significant penalties for:

  • Failing to implement a progressive discipline program when a farm resident was assaulted by employees and where employees were “threatened and bullied” by other employees.
  • Failing to identify the hazard of “verbal, physical and retaliatory forms of workplace violence;” and
  • Failing to investigate the reported assault on the farm resident.

In the wake of these tragic events, the importance of Cal/OSHA compliance when it comes to IIPP regulations cannot be understated. As a reminder, all California employers must establish, implement and maintain a written IIPP  and must maintain a copy at each workplace or at a central worksite if there are no fixed worksites. The requirements for establishing, implementing and maintaining an effective written IIPP  consist of the following eight elements[i]:

  • Responsibility
  • Compliance
  • Communication
  • Hazard Assessment
  • Accident/Exposure Investigation
  • Hazard Correction
  • Training and Instruction
  • Recordkeeping

Employers can download a free Model IIPP from the Cal/OSHA website.

[i] Title 8 of the California Code of Regulations Section 3203.

Tags: , , , ,
Posted in News | No Comments »

Important Changes to Colorado Anti-Discrimination Laws

June 22nd, 2023

The POWR Act, set to take effect on August 7, 2023, introduces several significant amendments to the Colorado Anti-Discrimination Act (CADA). These changes aim to strengthen protections against discriminatory practices in the workplace. Here is a summary of key provisions of the POWR Act and their implications. 

  1. Expanded Definition of Discriminatory Practices: The POWR Act eliminates the previous “severe and pervasive” legal standard for establishing a discriminatory or unfair employment practice under CADA. Instead, any unwelcome conduct that is subjectively and objectively offensive will be considered discriminatory. This broadens the scope of protection for employees. 
  2. Supervisor Liability: Under the new law, an employer can no longer rely on an affirmative defense when a supervisor engages in unlawful harassment. The employer must have a program in place that is reasonably designed to prevent, deter, and protect employees from such harassment to avoid liability. This places greater responsibility on employers to proactively address and prevent workplace harassment. 
  3. Modified Disability Discrimination Analysis: The POWR Act changes the approach to disability discrimination by focusing on whether an accommodation would enable an individual to fulfill the essential functions of their job, rather than assessing whether the disability significantly impacts the job. This shift emphasizes the importance of reasonable accommodations and inclusion in the workplace. 
  4. Marital Status as a Protected Class: The POWR Act introduces marital status as a protected class under CADA, with certain exceptions related to conflicts of interest. 
  5. Restrictions on Non-Disclosure Provisions: Non-disclosure or confidentiality provisions in employment agreements that limit an employee or prospective employee from discussing any alleged discriminatory or unfair employment practices will be deemed void unless specific notice, carve-out, and other provisions are included. Non-compliant agreements may result in penalties of $5,000 per violation. Moreover, the POWR Act establishes a private right of action for employees, allowing them to pursue actual damages, reasonable costs, and attorneys’ fees. Evidence of an employer’s non-compliant agreements with other employees may also support a claim for punitive damages.
  6. Enhanced Recordkeeping Requirements: The POWR Act mandates that employers maintain a designated repository for specific records related to written or oral complaints of discriminatory or unfair employment practices. These records, including the date of the complaint, identity of the complainant, alleged perpetrator, and substance of the complaint, must be retained as personnel records for five (5) years. This provision reinforces the importance of thorough documentation and accountability in addressing workplace complaints. 

The POWR Act introduces crucial changes to the Colorado Anti-Discrimination Act, enhancing protections for employees and imposing new responsibilities on employers. It is imperative for employers to thoroughly review and update their practices, policies, and agreements to ensure compliance with the new requirements before the August 7 effective date.  

Tags: ,
Posted in News | No Comments »

‘Equally Offensive’ Conduct is Not a Valid Defense Against Hostile Work Environment Allegations  

June 22nd, 2023

The recent 9th Circuit case Sharp v. S&S Activewear, L.L.C provides important guidance to employers on the varied types of behavior that can constitute discrimination based on sex under Title VII of the Civil Rights Act of 1964 (Title VII).

Eight former employees (“Sharp”) – both male and female – alleged that the employer’s practice of allowing managers and employees to routinely play “sexually graphic, violently misogynistic” music throughout its 700,000 square-foot warehouse workspace created a hostile or abusive work environment constituting discrimination because of sex.

Despite nearly two years of complaints to management about the offensive nature of the music and subsequently abusive conduct by male employees[i] the company stood by its decision to defend the music as “motivational.” In lower court proceedings, the company argued that “the challenged conduct did not constitute discrimination because of sex since both men and women were offended by, and all employees were exposed to, the music.” This was the issue brought before the 9th Circuit: “whether the district court erred as a matter of law in dismissing the music-based claim because the [lower] court did not view that claim as actionable since the music offended both female and male employees and the music did not target any specific employee or group of employees.”

Title VII’s prohibitions against discrimination because of sex protects both men and women. As the Court commented, “it is no surprise that sexually charged conduct may simultaneously offend different genders in unique and meaningful ways.” The Court ultimately determined that “targeting a specific person is not a prerequisite for a viable claim under Title VII” and that the coexistence of male and female plaintiffs in a hostile work environment claim “provides no defense to an accusation of sexual harassment.”

A few key takeaways:

  • No matter the type of discrimination alleged (e.g., sex or race), an employer cannot evade liability by cultivating a workplace that is broadly hostile and equally offensive.
  • Abusive conduct[ii] based on a protected classification (i.e., sex, race, religion, etc.) can rise to the level of harassing/discriminatory conduct under California’s Fair Employment and Housing Act (FEHA).
  • Harassment can take many forms – physical, visual or verbal – and can invade the workplace in many different ways.

 

 

[i] Former employees alleged “the music served as a catalyst for abusive conduct by male employees, who frequently pantomimed sexually graphic gestures, yelled obscenities, made sexually explicit remarks, and openly shared pornographic videos.”

[ii] Defined under Cal. Govt. Code §12950.1(h)(2) to mean: “conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.”

 

Tags: ,
Posted in News | No Comments »

NLRB Changes Independent Contractor Rules…Again

June 22nd, 2023

The National Labor Relations Board (NLRB) has once again changed its independent contractor classification rules. The NLRB’s latest decision in Atlanta Opera[i] reestablishes an Obama-era “economic realities” standard making it more difficult for employers to correctly classify independent contractors under NLRB standards.

The shifting sands of NLRB independent contractor analysis have resulted in significant changes over the past decade. A 2014 NLRB decision reframed prior independent contractor analysis by deemphasizing a workers’ “entrepreneurial opportunity” and focusing more on the overall “economic realities” of the worker/employer relationship. An economic realities analysis provides a multi-factor approach, whose ultimate inquiry is whether, as a matter of economic reality, the worker is either “economically dependent” on the employer for work (i.e., considered an employee) or is in business for themselves (i.e., an independent contractor).

A later shift in the political landscape in 2018 saw this analysis reversed back to a pre-2014 focus on entrepreneurial opportunity. Under this analysis, where a worker had entrepreneurial opportunity – the ability to work for multiple employers – the immediate presumption was that the employer obviously exercised less control thereby signaling an independent contractor status.

This latest pendulum swing – back to an economic realities test – sees the NLRB focusing its entrepreneurial opportunity analysis on the actual – not theoretical – opportunities a worker has in working for multiple businesses and what constraints any one business may impose on the worker’s ability to pursue other opportunities. Other factors considered in the NLRB’s “independent business analysis” will typically include whether the ability to work for others is realistic and to what extent does the individual possess control over making key business decisions (e.g., commitment of capital, ability to make independent decisions on how/when the work is performed).

Considering the revised review standard employers should:

  • Continue to engage in a fact-specific analysis of workforce needs when it comes to engaging independent contractors.
  • Develop an internal review process for engaging independent contractors.
  • Review current independent contractor agreements with an eye toward any language that would conflict with the revised rule; focusing on economic independence of the individual when it comes to:
    • Reality of the individual working for other businesses;
    • Proprietary or ownership interest in the individual’s work; and
    • Control over key business decisions (e.g., scheduling, use/purchase of equipment, capital expenditures).

NOTE: California employers remain subject to the state’s statutory ABC Test for determining whether an individual qualifies as an independent contractor.

 

[i] 372 N.L.R.B. No. 95 (June 13, 2023).

Tags: ,
Posted in News | No Comments »

Celebrate John D’Arrigo, Award of Honor Recipient, at the 2023 Western Growers Annual Meeting in Kauai

June 20th, 2023

Western Growers will honor D’Arrigo Bros. Co. of California CEO/President and Chairman of the Board John D’Arrigo with the 2023 Award of Honor. D’Arrigo’s achievements will be celebrated at the Award of Honor Dinner Gala at the Western Growers 2023 Annual Meeting at the Grand Hyatt Kauai Resort & Spa, from Nov. 12-15, 2023. The Award of Honor is Western Growers’ highest recognition of achievement and is given to individuals who have contributed extensively to the agricultural community.

“His pioneering innovations as a grower, packer and shipper are only matched by his dedication to lifting up those around him through his extensive charitable endeavors and advocacy to improve the lives and business opportunities for everyone in agriculture. John is widely admired for decades of support of his family, his company and his community. No less important to him and to our industry is John’s long and deeply engaged service on both the Western Growers Board of Directors and Western Growers Assurance Trust Board of Trustees. John D’Arrigo is among the most impactful leaders in our industry and is a natural selection to receive Western Growers’ highest honor at our annual meeting in November,” said Western Growers President and CEO Dave Puglia.

For more information about D’Arrigo’s impact on the industry, click here to read our press release.

Congratulatory Ad in Award of Honor Dinner Gala Program

Recognize this year’s Award of Honor recipient with a custom full or half page ad in the dinner program. The Western Growers Membership team will contact you to coordinate the ad design and placement. Contact [email protected] with any questions. All proceeds benefit Western Growers Foundation. The deadline to purchase a congratulatory ad is September 1, 2023.

Click here to purchase a congratulatory ad.

Golden Circle Table at Award of Honor Dinner Gala

Celebrate 2023 Honoree John D’Arrigo and reserve a table of 10 for you and your guests at the Award of Honor Dinner Gala. Preferred seating is at the front of the room for the best view of our stage, entertainment and Award of Honor recipient. Each table reservation includes 10 tickets for the dinner, two complimentary bottles of wine and a congratulatory ad in the program. The Western Growers Membership team will contact you to coordinate the ad design and placement. Contact [email protected] with any questions. All proceeds benefit Western Growers Foundation.

Click here to purchase a Golden Circle Table.

For more information about registration or to take advantage of sponsorship opportunities, please contact Assistant Vice President, Membership Kim Stuart at [email protected].

Also, don’t forget to register for the Annual Meeting!

Tags:
Posted in News | No Comments »

Week 4 of National Safety Month: Hazard Recognition

June 21st, 2023

In any workplace, it is important to identify potential hazards and take appropriate measures to mitigate them. Workplace hazards can range from physical hazards such as slippery floors or heavy machinery, to chemical hazards, such as exposure to toxic chemicals to comic hazards like poor workstation design that can lead to musculoskeletal disorders. Identifying and addressing these hazards can also prevent workplace accidents and injuries, protect the health and safety of employees and ultimately improve the overall productivity and efficiency of the workplace.

The first step in identifying workplace hazards is to conduct a comprehensive risk assessment. This process involves evaluating the workplace and its operations to identify potential hazards and assess the level of risk associated with each hazard.

Another important tool for identified workplace hazards is play feedback. Employees are often the ones who are most familiar with the specific tasks they perform and the hazards they encounter on a daily basis. Encouraging employees to report potential hazards and providing a mechanism for them to do so (without repercussion) can help identify hazards that may otherwise be overlooked. Employee feedback can also help identify hazards that may arise from issues, such as poor training, inadequate supervision or ineffective safety policies.

Regular workplace inspections can help identify potential hazards that may have been overlooked or that have developed since last inspection. Inspection should be conducted by qualified personnel who are familiar with the specific hazards associated with the work being performed. They should also be conducted on a regular schedule, with more frequent inspections for high-risk areas or activities.

Additionally, it is important to conduct an investigation when any injury, incident or near miss occurs. When conducted appropriately, these post-incident investigations can be critical tools to help with identification of hazards and implementation of appropriate corrective action. Post incident investigation should be conducted timely and objectively.

For more helpful information or workplace safety training, please contact Western Growers Insurance Services.

Western Growers Insurance Services is a full-service insurance brokerage offering a suite of insurance and tailored risk management solutions and training to agribusiness and related industry members. For more information or assistance, please contact Ken Cooper, Director Risk Strategy for Western Growers Insurance Services, at [email protected].

 

June has been designated as National Safety Month by the National Safety Council. This event is intended to increase awareness of workplace safety topics and reinforce our collaborative responsibility to keep each other safe. Safety is everyone’s responsibility!

This article is one of a four-part, weekly series following the topics designated for National Safety Month.  The topics are:

Week 1: Emergency Preparedness – Planning and training are the most critical steps to ensure appropriate actions are taken when an emergency occurs.   

Week 2: Slips, Trips, Falls – A frequent cause of significant workplace injury and associated costs. These types of incidents are often preventable. 

Week 3: Heat-Related Illness – According to OSHA, heat illness is a serious occupational hazard that affects workers in many industries, especially those who work outdoors or in hot indoor environments.

Week 4: Hazard Recognition – Being able to spot hazards and implement appropriate corrective action can mean the difference between injury and safety.

Posted in News | No Comments »

FSA Accepting Nominations for Farmers to Serve on Local County Committees

June 20th, 2023

The U.S. Department of Agriculture (USDA) is now accepting nominations for Farm Service Agency (FSA) county committee members. Nominations for the 2023 election will need to be postmarked or received in the local FSA office by Aug. 1, 2023, and the elections will occur later this year.

Nominations are open for those who participate or cooperate in a USDA program and live in the Local Administrative Areas (LAA) that are up for election. LAAs are elective areas for FSA committees in a single county or multi-county jurisdiction. Individuals can locate their LAA through a new GIS locator tool available here.

Producers should contact their local FSA office to register and find out how to get involved in their county’s election, including if their LAA is up for election this year.

For more information about the FSA county committee elections and specific nomination forms, click here.

Important Election Dates

  • June 15, 2023: The nomination period begins.
  • Aug. 1, 2023: Last day to file nomination forms.
  • Nov. 6, 2023: Ballots mailed to eligible voters.
  • Dec. 4, 2023: Last day to return completed ballots to the USDA Service Center.
  • Jan. 1, 2024: Newly elected county committee members take office.

Tags:
Posted in News | No Comments »

Employee Handbook and Management Essentials Multi-Workshop

June 19th, 2023

Western Growers University presents the Employee Handbook and Management Essentials Multi-Workshop. This event contains two seminars, and each can be purchased separately or bundled.

FOUNDATIONS OF MANAGEMENT WORKSHOP

The Foundations of Management Workshop is designed to prepare new and current supervisors and managers with essential tools to better perform in their role more efficiently and effectively.

Participants will learn about management, its functions and the various roles, including:

  • Improving management efficiencies and helping decline legal complaints
  • Specific skillsets needed to be successful managers
  • How to remove performance roadblocks and hold employees accountable
  • Four leadership styles and how to apply their style in the workplace
  • Best practices to increase their confidence and become a stronger, more confident influencer

Workshop Details:

Date: Wednesday, July 12, 2023

Time: 8:00 a.m. – 12:00 p.m. PST

Location: DoubleTree by Hilton – Modesto, CA

The workshop is available in English only. Continental breakfast and snacks will be included.

Who Should Attend:

  • Business owners
  • C-Suite Management
  • HR Professionals
  • Department Leaders
  • Frontline managers/supervisors

EMPLOYEE HANDBOOK WORKSHOP

The Employee Handbook Workshop is a hands-on workshop led by Western Growers Legal Counsel to help participants build out a complete and customized legally compliant employee handbook that is ready to distribute to your organization’s employees.

What to Expect:

  • Materials to help you prepare provided electronically two weeks ahead of the event.
  • Dedicated time during the workshop to have your questions answered while being walked through the process of editing and customizing the Model Handbook.
  • The Model Handbook will be provided at the Workshop (attendees must bring a laptop computer for real-time editing).

Workshop Details:

LAST DAY TO REGISTER IS June 29, 2023.

Date: Thursday, July 13, 2023

Time: 10:00 a.m. – 4:00 p.m. PST

Location: DoubleTree by Hilton – Modesto, CA

The workshop is available in English only. Continental breakfast and snacks will be included.

For more information about the workshops and to register, click here.

For additional questions, please contact Anna Bilderbach at [email protected].

Tags:
Posted in Events | No Comments »

ALRB Publishes Draft Regulation on Changes to Labor Union Elections and Appeal Bonds for Agricultural Employers

June 15th, 2023

As reported here, Governor Newsom signed AB 113 into law, revising labor union election and appellate bonding provisions enacted by AB 2183. It replaces the labor peace compact and non-labor peace election provisions with a majority support petition process, allowing certain labor organizations to become certified as the exclusive bargaining representative of an employer’s agricultural employees upon submission of petition signatures or authorization cards demonstrating majority support (i.e., card check). Additionally, AB 113 amends the appeal bond requirement, mandating that agricultural employers seeking judicial review of the Agricultural Labor Relations Board’s (ALRB) decision in unfair labor practice cases must post an appeal bond in the amount of the monetary remedy ordered by the Board.  

Draft regulations for implementing these changes have now been published. The draft proposed regulation would create new Labor Code section 20391 for implementing the card check process outlined in AB 113. This process allows certain labor organizations to become certified as the exclusive bargaining representative of an employer’s agricultural employees upon submission of petition signatures or authorization cards demonstrating support from a majority of the employees in the bargaining unit. The proposed regulation purportedly follows the procedures set forth in the statute and incorporates language modeled on the Board’s existing regulations governing the investigation and processing of representation petitions.  

The draft proposed regulations would also restructure the Board’s compliance regulations (current §§ 20290-20293) to implement amendments concerning the specification of a monetary remedy in unfair labor practice proceedings as per AB 113. The subcommittee proposes to repeal and replace these regulations, but is modeled on and borrows from the existing regulatory language.  

The subcommittee will host a public workshop meeting on Friday, June 23, 2023, at 10:00 a.m. to receive input from interested parties, stakeholders, and members of the public regarding the proposed regulations. 

Tags: ,
Posted in News | No Comments »

Temporary COVID-19 Form I-9 Flexibilities End July 31, 2023

June 15th, 2023

As discussed here, U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) temporary COVID-19 Form I-9 flexibilities are scheduled to sunset on July 31, 2023.

Although changes are in the works[i], DHS has not yet published a final rule that would allow alternate procedures for examining identity and employment eligibility documents. As such, employers should plan on revising current protocols to comply with the July deadline.

 

[i] On August 18, 2022, DHS published a proposed rule seeking public comment on proposed procedural changes for the examination of identity and eligibility documents.

Tags: , ,
Posted in News | No Comments »

Navigating Cyclospora During Peak Season

June 14th, 2023

It’s Cyclospora season. Cyclospora cayatenensis is a waterborne parasite that can cause intestinal illness year-round, but we typically see outbreaks of Cyclospora during its peak season in spring and summer. Western Growers’ very own Afreen Malik, Science Programs Director, talked about the growing concern of Cyclospora, and things you should know as we face peak season, in a recent article featured in The Packer.

Cyclospora is an emerging threat to fresh produce in the U.S. and the industry still has a steep hill to climb in understanding and controlling this emerging threat. Detection of Cyclospora in food and water is challenging as it is not culturable and morphologically similar to non-pathogens, but the good news is that produce-specific help is on the way. The Center for Produce Safety (CPS) has made tremendous progress in funding scientific research, discovering solutions, and driving transformative change in produce safety. The work of CPS is transparent and accessible through the CPS website. Its most recent findings will be shared at CPS’ Annual Research Symposium June 20-21 in Atlanta.

It’s a priority for Western Growers to ensure that limited industry funding for produce safety research goes where it’s needed most, which is why we contribute to CPS at the highest financial level.

To read Afreen’s Packer article in full, click here.

 

WGA cares about food safety in our industry and food safety at home. If you have any concerns about food safety compliance or your organization’s food safety plan, please contact Sonia Salas at [email protected].

Tags:
Posted in News | No Comments »

Colorado Expands Sick Leave Requirements

June 15th, 2023

Colorado recently expanded its list of qualifying reasons employees may take leave under its Healthy Families and Workplaces Act (HFWA). Senate Bill 23-017, signed into law June 1, 2023, now allows an employee to take HFWA protected leave for these additional – non-health related – reasons: 

  • “grieve, attend funeral services or a memorial,” or address “financial and legal matters that arise after the death of a family member;” 
  • “care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the closure of the family member’s school or place of care;” or 
  • “evacuate the employee’s residence due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the need to evacuate the employee’s residence.” 

The new law takes effect August 7, 2023. Colorado employers should begin now revising existing HFWA (and other related policies that may be impacted such as bereavement and inclement weather) polices to include these additional qualifying reasons.  

Tags: , ,
Posted in News | No Comments »

WG Transportation Webinar: Build smarter supply chains. Start with Navisphere®.

June 14th, 2023

From large shippers to small businesses, everyone can benefit from supply chain technology that drives greater efficiency and improves savings, reliability and visibility. With nearly 200,000 companies using it, Navisphere® is the most connected logistics platform with capabilities to transform your supply chain data into smarter solutions.

Using Navisphere® makes it easy to automate, optimize and manage across your transportation providers and vendors with clear visibility to shipments—from planning and consolidation to billing and settlements. Whether managing inbound or outbound freight flows, Navisphere’s event and exception management tools make it easy to streamline operations and focus on what matters most.

  • Efficiency – Automate, optimize and manage every aspect of the shipment lifecycle—across transportation providers, regions and modes.
  • Real-time Visibility – Make smart decisions for shipments before problems arise. Use real-time visibility and insights to support critical decisions.
  • Savings and Reliability – Manage costs through optimization strategies, operational improvements and immediate recommendations.
  • Positive Customer Experiences – Use predictive analytics and IoT device integration to deliver products to customers on time, as planned.

Please join us on July 12th, from 11am- 12pm PDT, for a live demonstration of Navisphere®, its functionality and how it can help you through your supply chain needs. During this call, C.H. Robinson will have both Lauren Singh and Natalie Shelby available to answer any questions.

Looking forward to seeing everyone soon!

Tags:
Posted in Events | No Comments »

Register Today for the H-2A Certificate Program

June 13th, 2023

The Agricultural Personnel Management Association (APMA) is excited to offer the certificate program for the H-2A Temporary Agricultural Workers Visa Program. This educational certificate program is designed to broaden your knowledge and better navigate the complex H-2A program for the novice and experienced H-2A user.

Western Growers H-2A Service’s Jason Resnick will be teaching several of the sessions.

Avoid costly ramifications for misusing the H-2A program and protect your employees and your business today! For more information about the program and to register, click here.

For more information about Western Growers H-2A Services, click here.

Where: The first eight sessions will be offered through Zoom, and the final session will be in-person and will include a graduation certification presentation. Location will be announced.

When: All sessions will be held on Wednesdays starting at 10 am PDT.

Class Schedule

August 2, 2023 – Session 1

  • Deciding if the H-2A Program is What You Need
  • Preparing the Job Order
  • Filing the DOL ETA-790, ETA-9142A

August 9, 2023 – Session 2

  • Obligations, Assurances & Guarantees

August 16, 2023 – Session 3

  • The Details and Practical Considerations

August 23, 2023 – Session 4

  • H-2ALC — Farm Labor Contractor

August 30, 2023 – Session 5

  • Housing, Transportation, and Food Service

September 6, 2023 – Session 6

  • Workers’ Compensation
  • Adverse Effect Wage Rates (AEWRs) & Litigation Update

September 13, 2023 – Session 7

  • Accounting, Tax Issues & Benefits

September 20, 2023 – Session 8

  • Audits and Investigations
  • Special Circumstances

September 27, 2023 – Session 9 (In-person)

  • Best Practices & Final Comments
  • Graduation Ceremony

*Participants must attend sessions 1-8 to receive the certificate.

Tags:
Posted in Events | No Comments »

Join us at the Grand Hyatt Kauai Resort & Spa for the 2023 Western Growers Annual Meeting

June 13th, 2023

Don’t miss Western Growers’ most popular annual event.

Western Growers is proud to bring together the key decision-makers among America’s premier growers, shippers and processors, including suppliers and fresh produce-industry allies, for Western Growers’ 97th Annual Meeting on Nov. 12-15, 2023.

Surrounded by the beauty of Hawaii at the Grand Hyatt Kauai Resort & Spa, attendees will enjoy valuable networking, exceptional speakers and compelling presentations.

This year will bring an encore round of the popular AgSharks Competition, a Western Growers trademark event that supports startups creating modern solutions for agriculture.

Additionally, you will enjoy the headline guests and entertainment, including:

  • PAC Luncheon speaker, Michael Shellenberger, leading investigative journalist and Founder and President of Environmental Progress
  • Kick-Off Keynote, Temple Grandin PhD, an American academic and animal behaviorist. She is a champion of autism rights, the humane treatment of livestock, and inclusive neurodiversity, employing her gifted insights from her personal experience with autism and visual thinking. She will share wisdom into how different ways of thinking can help solve problems that your industry may face.
  • Award of Honor Dinner Gala Entertainment, Comedian Tom Papa, one of the top comedic voices in the country. Tom will perform during the entertainment portion of this year’s Award of Honor Dinner Gala honoring D’Arrigo Bros. Co. of California CEO/President and Chairman of the Board John D’Arrigo. The Award of Honor is Western Growers’ highest recognition of achievement and is given to individuals who have contributed extensively to the agricultural community.

For the latest updates on session topics, featured speakers and registration information visit: www.wgannualmeeting.com.

Do not delay in registering for this marquee industry event.

To learn more about our sponsorship opportunities, please contact Assistant Vice President, Membership Kim Sherman at [email protected].

 

 

 

 

 

Posted in Events | No Comments »

Week 3 of National Safety Month: Heat-Related Illness

June 14th, 2023

Every year, workers in agriculture and other industries become ill due to exposure to high temperatures. Some of these injuries, unfortunately, also become fatalities. As temperatures increase, it is important to take precautions to prevent heat illness. Following guidelines created by Cal/OSHA and other safety professionals will help workers from experiencing heat illness.

Workers should be trained to recognize the signs and symptoms of heat illness and take appropriate action to protect themselves and their coworkers. Some common symptoms of heat illness include:

  • Heat cramps: muscle cramps and spasms, usually in the legs or abdomen, that occurred during or after physical activity in hot weather.
  • Heat exhaustion: weakness, dizziness, nausea, headache, sweating and cool, moist skin can be precursors to heat stroke if not treated properly.
  • Heat stroke: life threatening emergency that occurs when a body’s temperature regulation system fails. Symptoms include high body temperature above 103°F, confusion, agitation, seizures and loss of consciousness. Heat stroke requires immediate medical attention.

As part of a safety plan, employers should have a written program to address heat illness prevention that addresses critical factors, including:

  • Appropriate steps to take when temperatures reach certain critical thresholds.
  • Procedures for providing sufficient, potable water that is easily accessible to employees.
  • Procedures for providing access to shade or other appropriate cool-down areas.
  • Appropriate emergency response actions that should be taken if an employee is demonstrating signs or symptoms of heat-related illness.
  • Methods and procedures to assist workers, especially new workers, in acclimatizing to warm environments should be included in standard practices.

Employee safety training, including heat illness prevention training, is available through Western Growers Insurance Services.

Some additional resources can also be found on the following sites:

– Cal/OSHA provides a Heat Illness Prevention eTool that can be found here.

– Federal OSHA heat injury prevention resources can be found here.

– The OSHA-NIOSH Heat Safety Tool (mobile app) can assist in planning outdoor work activities.  Additional information regarding the app can be found here.

Western Growers Insurance Services is a full-service insurance brokerage offering a suite of insurance and tailored risk management solutions to agribusiness and related industry members. For more information or assistance, please contact Ken Cooper, Director Risk Strategy for Western Growers Insurance Services, at [email protected].

June has been designated as National Safety Month by the National Safety Council. This event is intended to increase awareness of workplace safety topics and reinforce our collaborative responsibility to keep each other safe. Safety is everyone’s responsibility!

This article is one of a four-part, weekly series following the topics designated for National Safety Month.  The topics are:

Week 1: Emergency Preparedness – Planning and training are the most critical steps to ensure appropriate actions are taken when an emergency occurs.   

Week 2: Slips, Trips, Falls – A frequent cause of significant workplace injury and associated costs. These types of incidents are often preventable. 

Week 3: Heat-Related Illness – According to OSHA, heat illness is a serious occupational hazard that affects workers in many industries, especially those who work outdoors or in hot indoor environments.

Week 4: Hazard Recognition – Being able to spot hazards and implement appropriate corrective action can mean the difference between injury and safety.

Posted in News | No Comments »

Planning an AgTech Field Demo? #agtechfielddemos

June 14th, 2023

AgTech startups – we encourage you to use the hashtag #agtechfielddemos when you post your field demos online. It allows growers to easily identify all the AgTech field demos in their area on any given week. You can use it globally since users who search can be located anywhere.

Please share this post and the hashtag with folks in ag and AgTech so we can get the usage to continue to increase. As of June 13, the search result is at a new high – the hashtag has appeared in 14 posts in the last month. I will probably get a little bit excited when we hit 32 in a month because that will mean we are at more than one per day. That will happen as we get more startups doing demos and using the hashtag.

On the grower side, we are starting to promote the use of the hashtag in emails to WG members, many of whom are prospective viewers of the demos and potentially customers for AgTech automation solutions. I don’t actually know (yet) how to track usage of hashtags by searchers, but I’m going to work on that with some of our social media gurus at Western Growers (oh, yes, we have gurus!).

For now, 14 posts with the hashtag is the current record for the latest month. Let’s shoot for more than 20 next week if we can. I’m no mathematician, but I believe that would be 50% growth week-over-week.

Tags:
Posted in News | No Comments »

WG Science Webinar: Climate Smart Practices in Fresh Produce

June 1st, 2023

The Climate Smart Practices in Fresh Produce webinar will highlight projects and opportunities for produce operations on climate smart agriculture. This event will

  • Showcase the projects of two Climate Smart Commodities grant recipients─ CSU Monterey Bay/ UC Davis research team and Elevated Foods ─which will include their objectives and outcomes,
  • Give an overview of CDFA’s specific programs such as Healthy Soils and SWEEP,
  • Offer an opportunity for produce operations to directly connect with CDFA staff on climate smart practices, local efforts in the adoption of these practices, and Climate Smart Farming and other state and federally supported grant opportunities.

Please join us, June 26th at 10am, to learn more.

Tags:
Posted in Events | No Comments »

« Older Entries