Details
Tuesday, March 26, 2024
1:00pm – 3:00pm
Virtual Webinar
2 hours
English
Who should attend?
Business owners, HR professionals, managers, supervisors, and payroll administrators.
Member pricing available.
Details
Tuesday, March 26, 2024
1:00pm – 3:00pm
Virtual Webinar
2 hours
English
Who should attend?
Business owners, HR professionals, managers, supervisors, and payroll administrators.
Member pricing available.
Details
Tuesday, March 5, 2024
9:00am – 10:00am
Virtual Webinar
1 hour
Spanish
Who should attend?
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.
Register Here
Member pricing available
Details
Tuesday, February 27, 2024
9:00am – 11:00am
Virtual Webinar
2 hours
Spanish
Who should attend?
Business owners, HR professionals, managers, and supervisors.
Register Here
Member pricing available
Details
Monday, February 26, 2024
1:00pm – 3:00pm
Virtual Webinar
2 hours
English
Who should attend?
Business owners, HR professionals, managers, and supervisors.
Details
Thursday, February 22, 2024
9:00am – 11:00am
Virtual Webinar
2 hours
English
Who should attend?
Business owners, HR professionals, managers, and supervisors.
Details
Tuesday, February 13, 2024
9:00am – 10:00am
Virtual Webinar
1 hour
English
Who should attend?
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.
Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)
Details
Monday, February 12, 2024
1:00pm – 3:00pm
Virtual Webinar
2 hours
English
Who should attend?
Managers and individuals who direct and influence the work of other employees.
Western Growers believes that women are essential to the future of agriculture, which is why we have developed Western Growers Women, a program that prepares women for positions of leadership within Western Growers member companies and the broader fresh produce industry.
Join Western Growers State and Federal Government Affairs experts in a webinar, on February 7th, to learn more about the inner workings of government and how public policy is made. We will dive into the difference between state and federal governments, laws vs regulations, Western Grower’s policy priorities, and more.
To register or learn more information click here.
Learn what the law says about acceptable and unacceptable workplace behavior by examining the different forms of harassment, abusive conduct, and discrimination. Equip yourself with new approaches to help individuals know how to make the right decisions and act if they experience or witness sexual harassment or other misconduct — from the obvious to the subtle. Help your organization avoid costly harassment complaints that can damage your company’s reputation, recruitment, and retention efforts, as well as its bottom line. Earn 2 SHRM re-certification credits upon attending. (This 2-hour course complies with state-mandated training requirements under Cal. Govt. Code Section 12950.1.)
Details
Tuesday, January 30, 2024
1:00pm – 3:00pm
Virtual Webinar
2 hours
Spanish
Who should attend?
Managers and individuals who direct and influence the work of other employees.
Farmers can receive a free pass to attend the World Agri-Tech Innovation Summit in San Francisco on March 19-20, 2024 and join more than 2,500 agtech decisionmakers for themed breakout panels, start-up pitches, investor sessions, networking lunches and receptions and a 1-1 meetings hub.
Confirmed speakers include:
The overview of the World Agri-Tech Innovation Summit in San Francisco is available here.
To check on your eligibility for the free pass, please email: [email protected]
For Western Growers members who aren’t farmers, you can receive a 10 percent discount on registration by using the discount code WESTERN10.
Details
Tuesday, January 30, 2024
9:00am – 10:00am
Virtual Webinar
1 hour
Spanish
Who should attend?
All non-supervisory employees, seasonal employees, temporary staff, and farm labor contractors.
Western Growers members are invited to connect with Canadian Produce Marketing Association Chair Colin Chapdelaine and CPMA staff at the organization’s upcoming town hall and reception in Salinas.
The agenda will include the following:
Date: Tuesday, Jan. 30, 2024 from 3 p.m. – 5 p.m.
Location: Taylor Farms Classroom – 3rd floor
150 Main St. Salinas, CA 93901
This event is free to attend but requires pre-registration as seating is limited. Bring friends and colleagues! Click here to register.
For more information about the event, please contact Sue Lewis at [email protected].
New standard mileage rates for 2024 have been released by the Internal Revenue Service (IRS). The rates are used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes.
Applicable rates for 2024 are as follows:
While there is no federal law mandating mileage reimbursement for employees, California, under Labor Code section 2802, requires employers to reimburse employees for mileage incurred in their employment.
On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of a final rule, which revises the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This new regulation overturns the 2021 rule and introduces a six-factor test to determine the nature of the worker-employer relationship based on “economic reality.” The new final rule is effective March 11, 2024.
The new definition determines whether workers are classified as employees or independent contractors, affecting their coverage under federal wage-and-hour laws, including minimum wage, overtime pay, and record-keeping requirements under the FLSA.
The change comes after years of shifting positions within DOL. Previously, the Department relied on informal guidance like Fact Sheet 13, offering a seven-factor framework for worker classification. In 2020, a five-factor test was proposed, focusing on the principal’s control and the worker’s profit or loss potential. However, following administrative changes and legal challenges, this rule faced setbacks.
The new six-factor test of the 2024 rule includes:
While these are primary factors, other relevant aspects may be considered in specific cases. The final rule refines several details from the proposed rule, notably:
In light of the new federal regulation, California employers must not only consider the revised definition of “independent contractor” under the Fair Labor Standards Act but also analyze worker classifications under the state’s more stringent ABC test. This test, distinct from federal guidelines, sets specific criteria for classifying a worker as an independent contractor. The ABC test requires that a worker meets all three of the following conditions to be considered an independent contractor:
A. The worker must be free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
B. The worker must perform work that is outside the usual course of the hiring entity’s business.
C. The worker must be customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
The ABC test is more restrictive than federal standards, making it more challenging for California employers to classify workers as independent contractors.
Title VII of the Civil Rights Act of 1964 (Title VII) applies to employers with 15 or more employees and makes it unlawful for an employer, “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual” with respect to “compensation, terms, conditions, or privileges of employment” on the basis of race, color, religion, sex, or national origin.[i] But, is there a limit? Federal Circuit Court precedent holds that there is.
When it comes to claims of discrimination in the workplace under Title VII the standard of review is whether the alleged conduct discriminates against the individual as to all “terms, conditions, or privileges of employment.” Courts review this broad standard by looking at whether the employer’s action(s) impose materially significant disadvantages on the employee(s).
From an employee perspective, the burden for claiming an employer’s actions impose materially significant disadvantages is a heavy lift. Workplaces are rarely idyllic, and the mere fact that an employee is displeased by an employer’s act – or omission – is not enough to elevate that act or omission to the level of a materially adverse employment action. Typically, when it comes to claims of discrimination in terms, conditions or privileges, a court will want to see material impacts to an employee in the form of financial harm or disadvantage, negative impacts to the employee’s career opportunities, and/or less desirable working conditions (e.g., location, schedule, assignments). Because employers are not tethered to every whim of their employees, a necessary legal review will typically be conducted with an eye toward separating significant harms from those generally considered trivial.
Help lower the risk associated with claims alleging discriminatory/retaliatory conduct by considering the following:
[i] 2 U.S.C. § 2000e-2(a)(l).
The Equal Employment Opportunity Commission’s (EEOC) efforts to prioritize its enforcement mandates – based on the agency’s current Strategic Enforcement Plan – should have the attention of all qualified employers. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases) such as Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) and its amendments. Disability discrimination issues under Title VII and the ADA tend to be at the top of the agency’s “red flag” enforcement list.
Disability discrimination occurs when an employer treats a qualified applicant/employee unfavorably because of a disability. Discrimination in any aspect of employment is prohibited. As we step into 2024 employers should keep these key ‘red flag’ issues in mind:
Some of the biggest mistakes employers make when it comes to allegations of discrimination align with the above red flag practices. “Individualized assessment” is a key phrase all employers should be familiar with when evaluating disability-related policies and practices.
EEOC investigators will always look for (and look more favorably upon) policies and practices that evidence an employer’s willingness to engage with employees on leave, seeking leave or returning/extending leave. The interactive process that initiates the individualized assessment is a powerful tool when it comes to risk management. Employers who can show flexibility and engagement will likely fare much better when faced with an investigation or lawsuit than those who remain rigid and inflexible when dealing with all types of employee leave scenarios.
Employers should also take particular care in evaluating policies and practices associated with pregnant workers. Categorical prohibitions preventing pregnant workers from performing tasks deemed by the employer to be hazardous (e.g., exposure to chemicals, heavy lifting) can open the door to claims of sex discrimination. Engaging with pregnant workers will avoid any wrongful assumptions concerning the need for a change in working conditions.
For additional information on EEOC resources available to employers visit EEOC Disability-Related Resources.
California employers take heed; the California Civil Rights Department (CRD) is serious about enforcing the state’s Fair Chance Act (the Act). In a first-of-its-kind lawsuit, the CRD is alleging Ralphs Grocery Company has violated the Fair Chance Act, resulting in the unlawful denial of employment opportunities to hundreds of applicants at grocery store locations across Southern California.
Specifically, the lawsuit alleges that Ralphs has ignored and continues to ignore the law’s requirements, including its practice of screening out otherwise qualified applicants on the basis of criminal histories that do not have any adverse relationship with the duties of the job for which they were applying. The suit seeks monetary damages for impacted individuals and a court order requiring Ralphs to bring its practices into compliance with the Act.
Established to reduce barriers to employment and support community reintegration for people who have been previously involved in the criminal legal system, employers with five or more employees are prohibited from conducting any criminal background history check until after a conditional offer of employment has been made. Once made, the employer must conduct an individualized assessment before making any decisions regarding revocation of the conditional offer.
Effective October 1, 2023, regulatory amendments mandate that the Act’s individualized assessment be a “reasoned, evidence-based determination” focused on a factual analysis of several specific factors: 1) Nature and gravity of the offense or conduct; 2) Amount of time since the offense or conduct; and 3) Nature of the job held or sought.
Regulatory modifications also make clear that before denying a job opportunity based on the individual’s criminal history, an employer must first determine whether a direct and adverse relationship between the conviction and the specific duties of the job justify denial. This seems to be a particular focus of the Ralphs litigation; the alleged screening out of otherwise qualified applicants on the basis of criminal histories that do not have any adverse relationship with the duties of the job for which they were applying.
To remain compliant – with not only the letter but the spirit of the Act – employers should consider the following:
The California Civil Rights Department (CRD) is reminding California employers of the state’s bi-annual sexual harassment prevention training requirements. Under California law, employers with five or more employees must provide at least one hour of training to nonsupervisory employees and two hours of training to supervisory employees every two years. With the new year just getting started, many workers may be fast approaching internal training deadlines.
Under the state’s Fair Employment and Housing Act (FEHA) employers have an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct. This includes compliance with the state’s efforts – when it comes to sexual harassment prevention – to educate or remind workers about what is — and is not — acceptable behavior in the workplace.
Sexual harassment is a form of discrimination based on sex or gender, gender identity, gender expression, or sexual orientation. People of any gender can be the target of sexual harassment and unlawful sexual harassment does not have to be motivated by sexual desire. It can also involve harassment by a person of the same gender, regardless of either person’s sexual orientation or gender identity.
Additional information for employers on preventing discrimination and harassment in the workplace can be found here.
Information on WG University’s in-person and online trainings that satisfy the state’s legal requirements for sexual harassment and abusive conduct prevention training can be found here.
Join Western Growers Women on Wednesday, January 10th at 10 a.m. for a Performance Coaching Virtual Workshop, focusing on managing performance effectively. This workshop will feature Western Growers’ Training and Development Manager, Priscila Cisneros.
Tailored for managers, supervisors, and HR professionals, especially in agriculture, this course equips you with the Performance Management Model and proactive employee management strategies. Master the gradual release of responsibility concept and GROWTH coaching elements to excel in leadership and cultivate thriving agricultural teams.
For more information on registering visit: Western Growers Women Performance Coaching (wga.com)
Western Growers is proud to announce our 98th Annual Meeting will be held November 3-6, 2024 at the JW Marriott Scottsdale Camelback Inn Resort and Spa.
For the latest details about the event visit wgannualmeeting.com. We look forward to seeing you and your families at our most popular annual event.