U.S. Senators Laphonza Butler and Susan Collins Introduce the Specialty Crops Security Act of 2024

May 31st, 2024

In April, the Specialty Crops Security Act of 2024 (S. 4168) was introduced by U.S. Senators Laphonza Butler (D-Calif.) and Susan Collins (R-Maine), which increases funding for the Specialty Crop Block Grant Program (SCBGP) and ensures specialty crop farmers have a say in how the funding is spent.

According to the press release, this legislation will “increase the United States Department of Agriculture’s (USDA) Specialty Crop Block Grant (SCBG) program authorization from $85 to $100 million per year and expand opportunities for specialty crop stakeholders to provide input into how program funding is used by state departments of agriculture.”

Speaking on the value of this act, Western Growers President & CEO Dave Puglia stated, “The Specialty Crop Block Grant Program is one of the few sources of dedicated federal funding for the fresh produce industry. This program can provide our specialty crop growers with opportunities for food safety research, workforce development and water supply innovation. To be effective, the Specialty Crop Block Grant Program must be as responsive to growers as possible. Western Growers supports the Specialty Crop Security Act, which will ensure the program can sufficiently meet the needs and priorities of our members.” Western Growers will advocate for S. 4168 to be included in Congress’s reauthorization of the Farm Bil, which is due this September.

In the announcement, Senator Butler commented on the importance of California growers and the need for their voice: “California’s farmers produce nearly half of the country’s specialty crops and they deserve a seat at the table when state departments of agriculture make decisions about how to allocate funding that directly impacts them.”

Kim Stuart Retires from Western Growers; Cory Lunde Takes Over Membership Department

May 1st, 2024

After 7 1/2 years as the head of our Membership Department, Kim Stuart embarked on a well-deserved, yet bittersweet, retirement at the end of April. During her time at Western Growers, Kim has brought professionalism and discipline to the department and elevated our association’s profile within the fresh produce industry. Our task now is to honor her contributions and build on the great work she has accomplished.

Effective May 1, Cory Lunde was promoted to Vice President, External Affairs. In this role, he will oversee the Membership Department and a newly organized Association-focused Marketing and Communications Department, in addition to continuing his work in public affairs and with our political action committees.

Charting Her Own Course

May 24th, 2024

In a scene all too familiar in agriculture, young adults in rural communities are often lured to the big city in search of jobs and professional opportunities. But for those who remain, the ambitious and industrious can almost always chart a course of their own choosing. Such is the story of Tracy Jones.

Tracy grew up in Reedley, California, a small agricultural town with a limited variety of jobs for younger adults, she explained. “In Reedley, when you’re old enough to get a job, you’re either going to work in a packing house or work at a fast-food restaurant,” Tracy said.

Although she had no family ties to the agricultural industry, Tracy decided that her first job would be in a packing house. So, at 16years old, she found herself packing tree fruit and onions. Tracy did not realize it at the time, but this job would serve as an important stepping stone on her path to a thriving career in agriculture.

Following her time at the packing house, Tracy took on a new role working in a shipping office for a cold storage company. She then transitioned to become a sales assistant for a marketing team that sold tree fruit and grapes, all while putting herself through college at Fresno State. Tracy later graduated with a bachelor’s degree in Business Administration, with an emphasis in International Business, and landed herself a full-time sales position.

It was full steam ahead for Tracy in her new role. As someone who likes to be “overly prepared,” it is not in her nature to wait for success to land in her lap. “I was a junior salesperson and brand new, so I’d go into the office at 4 in the morning so I could start selling by 7 a.m.,” Tracy said. “I did that for awhile until I got my feet on the ground.”

In 2009, Tracy turned her attention to Booth Ranches, knowing that a sales manager position would soon be opening up. Not only did she land the job, Tracy was quickly promoted to Vice President of Marketing and Sales. It has been almost 30 years since Tracy’s humble beginnings working on the packing house floor, and today she proudly serves as the CEO of Booth Ranches.

Founded in 1957 by the late Otis Booth Jr., Booth Ranches is a fully integrated citrus company that packs and sells oranges grown on its farm and comprises 7,500 acres of citrus throughout California’s Central Valley. Today, Otis’ daughter Loren upholds her father’s legacy as the president of the company and also serves as an inspirational figure for Tracy.

“Loren’s an incredible person who gives back to the community and treats people with respect. She has been a great example for me to follow,” Tracy said.

Over the years, Tracy has found a deep sense of purpose in inspiring others through her own experiences and serving as a source of motivation for those around her.

“When you think about everything that goes into planting, harvesting, packaging and the journey it takes to get product to the store, what strikes me most is the hard work everyone puts into the process, “she said. “It’s fun to create ownership for our employees and make them realize that they’re part of this big, amazing system. Helping to inspire everyone to take accountability for their own scope of work within that system is extremely rewarding.”

Tracy brings that same sense of purpose to the Western Growers board and is optimistic that her unique background can provide a valuable advantage to future discussions.

“Western Growers is a wonderful organization and puts in a tremendous amount of work that farmers normally wouldn’t have the time to do,” she said. “It’s an honor to be a part of a brotherhood and sisterhood of farmers, where we can come together and share our experiences and guidance for a greater cause.”

Growers Evolve: Embracing Biological Systems

May 31st, 2024

Farming is all about biology. It always has been. It always will be.

With an expanding industry portfolio of biological products going to market, each with the hope that there’s a place for its utility and an industry looking for viable solutions to growing environmental, regulatory and consumer pressures, the movement in biologically cohesive systems is advancing. Growers are navigating biological complexities with dexterity and modesty, recognizing that these systems play by their own rules and still hold mysteries to be solved. Exploring the art and science of farming is a journey every grower has to take, but they have each other and industry support from organizations like Western Growers to help move them forward.

“A farm is part of the environment it sits in,” said Joe Pezzini, Senior Director of Ag Operations at Taylor Farms. “So there’s always this interaction of the surrounding environment. That goes both ways. We are trying to integrate biological systems to grow plants, to grow a crop, to its maximum potential, to feed us, to feed the world. We are dealing with biological systems to begin with, so it is all about biology. What’s emerging now is more of a focus on how to enhance that biology. Not just with nutrients, but really understanding the science, bacteria and fungi and the inner relationship and interaction of how to stimulate a really healthy crop.”

In 2023, Western Growers Center for Innovation and Technology co-hosted the Salinas Biological Summit with Wharf42. The inaugural event sold out. The collective conversation that included growers, business leaders, government representatives, investors, universities and startups explored the needs and goals of the many to synchronize the goal. Knowing that staying focused and effective would take more than an annual two-day event, Western Growers and Wharf42 launched Platform 10. Jeana Cadby, Director of Climate and Sustainability for Western Growers, is one of the experts participating in guiding the program.

“There has been a lot of momentum since the previous Biological Summit,” Cadby said, “and we are so excited to share the progress that has been made in this space. Last year, Western Growers launched Platform 10, an international, multi-year collaboration to accelerate promising biologicals, rigorously assess products, enhance grower confidence and facilitate market development and adoption. The objective is to establish a global trial network to connect the Science to the Farmers.”

At the 2023 Summit, many attendees shared their perspective on the need for implementing more biological products in growing fresh produce. For the growers who took the stage, they made it clear that not only are they open to the opportunities, they’re also looking for them. But the products have to work, and they have to be integrated into the growing process in a way that makes sense.

Agricultural operations dare used to adapting to environmental and regulatory pressures, but every hurdle vaulted often reveals another. “Growers are up against mounting challenges due to climate change, cost of production and diminishing availability of traditional tools,” Cadby said. “We see biologicals as an opportunity to address existing and anticipated gaps in pest management, crop resilience and yield efficiency, nutrient availability, and sustainability to ensure that our growers are properly equipped with the tools to address these challenges.”

Overcoming these challenges with creativity and diligence is a daily priority for growers, especially if the grower operation is producing on 25,000 acres of farmland, 19,000 acres of which is organic. Taylor Farming is embracing biological and sustainability practices throughout its operations, melding the science and the art of farming: “Meshing the technology, the biologicals, with the ability to produce this competitively can be a challenge, for sure, but we feel like we’re up for that,”Pezzini said.

As an example of some of the ways Taylor Farming is doing that, Pezzini shared that they’re “using biological products to enhance root development, mycorrhiza fungi. We use a number of seaweed products to help control plant development, and there are products that will help stimulate uniform flowering. For example, for green beans, we’ll use that product to try to set all the beans all at the same time so we can mechanically harvest them.”

In another way, they’re working with products and processes to enhance the microbiome of the soil. As a driver of the biological resources that have been added to the agricultural toolset, understanding the complexity of the microbiome in the soil is unveiling itself more and more every day with data analysis and scientific research.

“There’s an entire emerging science around the biology of the soil and soil health,” Pezzini said. “That’s critically important in all farming, but especially in organics. We’re trying to study the soil, and there are a lot of companies [working on] understanding what the microbiome of the soil is – What are all the bacteria in the soil? What are the good ones…How do you stimulate that?”

Along with riding out the process of research and development of these products, understanding how and when to use them also takes the same kind of attentiveness and patience. While the inputs may seem similar to traditional treatments on the surface, they’re different. “You may use a biological in one instance and for some reason it doesn’t have the performance that you expected but in another setting it might work really well. It takes time to figure all that out,” Pezzini shared. “I think that’s one of the challenges with biologicals is that you do have to be somewhat patient with them and you have to become kind of a student of them as well to really understand how to use them effectively.”

Identifying the details of what works, how, and in what way and circumstance is a gained knowledge that Taylor Farms and others within agriculture have a strong commitment to learning and sharing within the industry. Collective communication and alignment is what can lead to a healthier industry and population. Practices and beliefs about what’s best for different operations may vary, and opinions may differ on the details, but events like the Salinas Biological Summit provide space for those conversations and conveyance of information to stay free flowing.

The 2024 Western Growers Biological Summit is set for June 25-26 in Salinas, Calif. “We received very positive feedback from our grower members that the event was well worth attending,” said Dennis Donohue, CIT Director. “We placed a premium on useful information and sufficient time to network. “Confirmed speakers for the upcoming event include Dave Puglia, President & CEO of Western Growers; Secretary Karen Ross, Secretary of the California Department of Food and Agriculture; Don Cameron, Vice President and General Manager of Terranova Ranch; Stuart Woolf, President & CEO of Woolf Farming & Processing; Guy Kawasaki, marketing specialist, author and Silicon Valley venture capitalist; and many more.

Growing the Global Network: Western Growers Visits New Zealand and Australia

May 7th, 2024

Our mission was simple: Foster international collaboration for biologicals and identify innovation opportunities to support specialty crop production back home. This past February, Dennis Donohue and I traveled to New Zealand and Australia to advance biological inputs for specialty crops at a global scale, enhance partnerships with our agricultural allies, and get a front seat view at developing ag tech from innovators Down Under.

Elevating Local Ag

Upon arrival in Auckland, we were greeted with a barrage of signage warning travelers to be wary of potential agricultural threats, particularly the Brown Marmorated Stink Bug (BMSB). Although the BMSB has not made its way to New Zealand, its wide host range has the potential to devastate local agriculture. During our visit to the Plant and Food Research (PFR)campus in Auckland, we learned that PFR has been working on understanding the life cycle and egg laying habits of the Samurai Wasp, a tiny predatory wasp that has a preference for BMSB. They even let us take a look up close with their electron microscope!

This kind of cutting-edge research is done to elevate and protect New Zealand agriculture to the highest degree. PFR also develops delicious specialty fruit varieties, including ‘EarlyBel’ raspberries, and ‘Jazz’, ‘Envy’ and mini-sized ‘Rockit’ apples. They continue to develop varieties that are heat tolerant, increased hardiness and early season. It was a great opportunity to share with their team about Platform 10, WG’s international, multi-year collaboration to accelerate promising biological solutions for global specialty crop production.

There and Back Again

Like California, New Zealand is a big exporter, particularly for fruit and dairy products, and producer of local vegetables. Finding biological solutions to these pressing pest concerns is a shared key priority for Vegetables NZ, the largest vegetable grower association in New Zealand. We visited their research station in Pukekohe, the largest vegetable production region. The fertile volcanic soil supports 80% of the bulb onion production, 80% of the fresh market potato and is the largest area of glass house production to include tomato and cucumbers nationally. Driving past the fields of fruit vegetables, we felt right at home; even the major pest priorities are not dissimilar, including thrips, diamond back moth and army worm.

Of course, a trip to New Zealand wouldn’t be complete without a stop in Te Puke, the kiwi fruit capital of the world. Improved kiwifruit variety development is a key priority for the Kiwifruit Breeding Centre (KBC), a joint venture between PFR and Zespri, the world’s largest marketer of kiwifruit. As we huddled under the dense kiwi orchard canopy, we learned that this past season was exceptionally challenging due to extreme weather events, a ‘new normal’ growers have been experiencing around the word. As the industry faces new diseases and impacts from climate change, leveraging new tools and technologies is critical to building resilience and producing sustainably.

Outlook from the Outback

The Evoke ag conference in Perth, Australia, is the largest ag tech event south of the equator. We presented the work of WG in Biologicals to a group of UK, New Zealand and Australian state, federal and private agricultural interest and research groups. Our Platform 10 event was kicked off by Karen Ross, who emphasized the importance of ecosystem health, human health and economic viability for agriculture in California.

This trip was an outcome of groundwork that was laid out at the 2023 Salinas Biological Summit; an opportunity to reciprocate the commitment to partnerships that our international collaborators demonstrated to accelerate global development of biologicals. We are so grateful for the generous hospitality of all of our hosts and for these opportunities to develop this platform to exchange ideas and build collaborative partnerships at a global scale.

Finally Acknowledging Reality

May 6th, 2024

The 2024 legislative year is already shaping up to be one of the most challenging years for advocacy. We are only in April at the time of this writing but the volume and breadth of bills that Western Growers is advocating for to help safeguard our members’ current and future operations is staggering. That process, coupled with the fact that the state is grappling with a projected $73 billion budget deficit, has made conversations with legislators and other state officials about short and long-term policy goals very interesting.

A $73 billion budget deficit in Sacramento has certainly grabbed attention, and rightfully so. It’s not like this situation just happened overnight. We had a record surplus last budget year and everyone knew we were going into deficit times. The ongoing push for new programs and regulation sin California has not helped the situation at all. The inertia of government is much like a ship. You cannot stop on a dime, and it may take miles/years to reach your desired position. It takes planning and attention to detail, especially given that there are more than 127,000 statutes and over 60,000 regulations on the books in the state. Obviously not all of these laws affect business and agriculture. However, these large numbers, when combined with all of the anecdotal evidence, clearly demonstrate that California is a heavily overregulated state.

Creating and encouraging a fiscally conservative environment also means that the levers of government should be used to untie the hands of industry so that they can increase their revenue, hire new employees, promote existing employees and expand their businesses. Speaking to legislators about this is frustrating, to say the least. Many say that we often hear that argument from the business community and then dismiss it later on. Apparently it’s okay to disregard facts when the business community says something.

“Facts” is bolded because some things are just true. This issue was directly acknowledged by the California Legislative Analyst’s Office (LAO) in a report it published in February 2024 titled “Key Fiscal and Policy Issues Facing California.” The LAO is a state agency that provides policy and fiscal advice to the Legislature. I stumbled upon a key passage in the report that needs be shouted from every rooftop.

“The Legislature can make California a more attractive place for business investment by ensuring that the system of taxation and regulation is not unduly burdensome.”

That sentiment is powerful because it’s both true and comes from a trusted advisory agency to the Legislature. Arguably the current system of regulations is already burdensome. But the LAO’s encouragement is to refocus on this and try to find policy actions that are beneficial to business and other state policy goals. I’m encouraged to see this worded so directly in a strategic report. It does not mean that anything super meaningful will necessarily happen overnight to shift the immediate regulatory trajectory in California as regulations often take many months, if not years, to develop. However, the report signals to state officials that something needs to be done to provide greater relief for California’s business sector in order for them to really prosper.

Businesses do matter. You’ve always known that. We’ve always known that. Most of the general public knows that. We can also now add the LAO to that list.

Cemex: It’s a Whole New Card Check Ballgame

May 3rd, 2024

While much has been written about the new card check provisions of the Agricultural Labor Relations Act, a recent National Labor Relations Board (NLRB) decision which extends to most private sector employers, including commercial packing and processing facilities, threatens to impose card check on those employers as well. The 2023 National Labor Relations Board (Board) ruling in Cemex Construction Materials Pacific, LLC (Cemex) deviated significantly from decades-long precedent regarding the voluntary nature of card check recognition.

In Cemex, the Board found that the employer’s anti-union activity so tainted the election that its only remedy was to set aside the election results.

The New Standard

The new standard for challenging certification makes it an unfair labor practice to refuse to recognize, upon request, a union designated as a representative by the majority of employees in an appropriate unit unless the employer promptly files a Representation Management (RM) petition to test the union’s majority status or the appropriateness of the unit.

This standard shifts the traditional burden of filing of the RM petition from the union to the employer. The reason being that an employer confronted with a demand for recognition may, instead of agreeing to recognize the union, and without committing a Section 8 violation, file an RM petition to test the union’s majority support and/or challenge the appropriateness of the unit or await the processing of a previously filed petition.

However, if the employer commits unfair labor practices sufficient to invalidate the election, the RM petition can be set aside, subjecting the employer to a remedial bargaining order. This allows the Board to rely on the prior designation by non-election means and issue an order requiring the employer to recognize/bargain with the union. Cemex is applied retroactively.

What It All Means

Cemex creates a new path to union representation that bypasses the election process and effectively implements card check certification.

As with all union-related efforts, creating a workplace where employees feel valued and heard is the best course of action. Key points include:

  • In determining whether an employer’s allegedly unlawful conduct undermined election efforts, “all relevant factors” will be considered. This will likely include a review of the company’s Employee Handbook. All policies governing specific actions/interactions should be reviewed and edited to make clear that while limiting certain types of conduct, they do not create a wholesale prohibition on the right to discuss public information (e.g., salary/wages, discipline, promotion criteria etc.)
  • The types of union-related behavior the Board found unlawful included:
    • Supervisors threatening employees that:
      • They could be fired/written up for having union stickers on hardhats or be discharged/receive reduced hours/benefits if they unionized;
      • They were not to speak to “these union guys” and a refusal to remove union stickers from hardhats would result in discharge;
      • Unionization would negatively impact work opportunities/wage increases.
    • Misrepresenting striker reinstatement rights.
    • Repeated threating that unionization will cause the company to shut down/move to another state.
    • Questioning employees about wearing pro-union stickers/asking about union offerings.
    • Asking employees their position on union activities and why, if they support the employer, are they not wearing ‘Vote No’ stickers.
    • Creating an impression of surveillance (e.g., lingering at property entrances waving to drivers entering/exiting while union organizers in the same area display posters and answer questions).
    • Targeting pro-union employees for disciplinary action.

Nothing prohibits taking lawful steps to oppose unionization efforts. However, caution must be taken to ensure such efforts are closely monitored so they do not morph into overly zealous actions that could be viewed as obstructing/interfering in the employee’s NLRA rights.

 

California is Jumping on the AI Regulatory Bandwagon

May 30th, 2024

The advancement of artificial intelligence (AI) has prompted state and federal agencies – at all levels – to initiate regulatory efforts and guidelines aimed at balancing innovation with workplace safeguards. A major concern across all regulatory agencies is the potential for inadvertent discriminatory practices.  

Automated decision-making systems — which may rely on algorithms or AI — are increasingly used in employment settings to facilitate a wide range of decisions related to job applicants or employees, including recruitment, hiring, and promotion. While such tools provide myriad benefits, they can also exacerbate existing biases and contribute to discriminatory outcomes (e.g., AI tool that rejects women applicants by mimicking the existing features of a company’s male-dominated workforce or a job advertisement delivery system that reinforces gender and racial stereotypes by directing certain jobs to women or workers of color). 

Over the next few weeks, we’ll be highlighting a few of the key regulatory schemes and guidelines impacting an employer’s use of AI and other automated decision-making technologies when making employment-related decisions.  

California 

The California Civil Rights Council (CRC)i has released proposed regulations to protect against discrimination in employment resulting from the use of artificial intelligence, algorithms, and other automated decision-making systems.  

Known as the Proposed Regulations Protecting Against Employment Discrimination in Automated Decision-making Systems, the CRC’s proposed regulations seek to: 

  • Clarify that it is a violation of California law to use an automated decision-making system if it harms applicants or employees based on protected characteristics. 
  • Ensure employers and covered entities maintain employment records, including automated decision-making data, for a minimum of four years. 
  • Affirm that the use of an automated decision-making system alone does not replace the requirement for an individualized assessment when considering an applicant’s criminal history. 
  • Add definitions for key terms used in the proposed regulations, such as “automated-decision system,” “adverse impact,” and “proxy.” 

A public comment period is currently open for the proposed regulations. Interested parties are encouraged to submit public comments by July 18, 2024. Written comments must be submitted by 5:00 PM PT on July 18, 2024. Comments may be submitted by email at [email protected]. A public hearing on the proposed regulations will be held at 10:00 AM PT on July 18, 2024 

Additional information on how to submit public comment and participate in the hearing is available here. The notice of proposed rulemaking, initial statement of reasons for the proposed regulations, and proposed text of the regulations are available here. 

Update: FTC’s Ban on Non-Compete Agreements

May 30th, 2024

As discussed here, on April 24, 2024, the Federal Trade Commission (FTC) moved to ban most noncompete agreements for most workers. However, as anticipated, the file rule is being challenged in two lawsuits. The suits seek, among other things, a temporary stay of the rule’s current September 4, 2024, effective date.  

Given the uncertainty of court intervention and the rule’s fast approaching effect date, employers should continue planning efforts to ensure compliance by the September deadline. A few key compliance reminders: 

  • The rule – for now – only applies to noncompete agreements and does not apply to other types of restrictive agreements (e.g., confidentiality and nondisclosure agreements, non-solicitation, non-recruitment, and no-hire restrictions). 
  • Employers should begin/continue reviewing employee files for any existing noncompete agreements in preparation for notifying (ahead of the September 4, 2024, effective date) all current and former employees (excluding senior executives) that any existing agreements will not be enforced against them.  
  • The rule should not impact state and federal trade secret protections.  

New Trade War with China Could Hurt California Agriculture, Study Finds

May 29th, 2024

Recent tariff increases put in place by the Biden administration on electric vehicles, solar cells, semiconductors and aluminum and steel products from China could have a devastating impact on exports of farm products, according to a recent study.

Economists from UC Davis and North Dakota State University evaluated the potential implications of the U.S. revoking China’s Permanent Normal Trade Relations (PNTR) status, which currently allows China to trade with the United States at most-favored-nation (MFN) tariff rates. They found that if China retaliated against a change in China’s PNTR status, it could lead to a 9.5% increase in China’s agricultural import tariffs, resulting in potential trade losses to California agriculture of around $1 billion annually.

“The impact on import tariffs for non-agricultural sectors would be even larger, with the average import tariff going up from 3.9% to 32.5%,” Colin A. Carter, a study co-author and a distinguished professor in UC Davis’ Department of Agricultural and Resource Economics, said in the release.

Economists estimated an average decline in California export value between 28.4% and 34.8% when comparing a scenario where China’s PNTR status is revoked to one where it is not, according to the release. That decline translates to an estimated trade loss of between $800 million and $1 billion, using 2023 California agricultural export numbers. The crops that heavily rely on China as an export market, such as tree nuts, would be more seriously impacted.

To read the study in full, click here.

Food Safety Expert Frank Yiannas Shares Thoughts on New Era Challenges and Data Sharing

May 30th, 2024

World renowned food safety expert and former Deputy Commissioner for Food Policy and Response at the U.S. Food and Drug Administration (USDA), Frank Yiannas, shared his thoughts on food safety challenges and data sharing in a recent post published in Food Safety News.

Yiannas wrote, “Solving new era food safety problems is extremely challenging and it will require new ways of thinking and working. It will require us, as a profession, to go beyond the traditional tools we’ve used, such as testing, inspections, and training. It will increasingly require data sharing.”

A key point made by Yiannas is that the biggest obstacle isn’t the technology itself but plain, old access to the data. The article illustrates the benefits of data sharing with real-world examples, such as the GreenLink®, Western Growers’ data sharing platform, created to advance data-driven food safety. As noted by Yiannas, this approach is critical because “no single entity can be as smart as all of us working together when we’re sharing data.”

To read the full blog post, click here.

Western Growers announced last June the addition of Yiannas as an advisor to GreenLink®.

Department of Industrial Relations Revises H-2A Supplemental Notice in Response to Industry Concerns

May 28th, 2024

In response to concerns raised by Western Growers and industry partners, the California Department of Industrial Relations (DIR) has issued a revised Supplemental Notice to H-2A Employees, which addresses most of industry’s concerns.

As reported here, the agricultural coalition sent a letter to DIR objecting to several aspects of the notice, which misstated the law. The effective date for issuing the notice was March 15, 2024.

In response to industry’s concerns, the revised notice corrects misstatements of law surrounding the requirements to provide meal periods, paid sick leave and housing. The list of non-governmental organizations (NGOs) as resources has been replaced with a CR code providing access to the names and contact information of the NGOs.

With regard to compensable travel time, the ag coalition emphasized that the original notice’s language improperly stated that employees must be paid for time spent while being transported by their employer to and from the housing to the worksite, if they are “directly or indirectly required to use employer-provided transportation.” The revised notice instead states that employees must be paid for travel time if they “are required to or have no real choice but to use employer-provided transportation.” Western Growers has pointed out to DIR that the revised notice also misstates the law to the extent it is broader than the “employer required transportation” language set forth in the seminal case, Morillion v. Royal Packing Co.

Western Growers appreciates DIR’s willingness to address most of industry’s concerns and substantially revising the supplemental notice with recommended corrective language. H-2A employers should immediately replace the original Supplemental Notice with the revised version, which is also available in Spanish.

https://www.dir.ca.gov/dlse/2810.5-Supplemental-Notice-to-H-2A-Employees_English.pdf

https://www.dir.ca.gov/dlse/2810.5-Supplemental-Notice-to-H-2A-Employees_Spanish.pdf

Oriental Fruit Fly Quarantine Lifted in Santa Clara County

May 28th, 2024

The California Department of Food and Agriculture (CDFA), with the U.S. Department of Agriculture (USDA) and Santa Clara Agricultural Commissioner, ended the Oriental fruit fly (OFF) quarantine in Santa Clara County following the eradication of the invasive pest.

The quarantine was put in place nearly nine months ago in parts of Sunnyvale, Santa Clara, Cupertino, San Jose, Milpitas, Mountain View, Saratoga, Campbell and Los Altos. During the quarantine, host crops,  including citrus and other fruits, nuts, vegetables and berries were not allowed to be moved and commercial crops were required to meet stringent treatment or processing standards.

Invasive fruit fly quarantines are still in effect in California, including:

  • Oriental fruit fly: Contra Costa, Riverside, Sacramento and San Bernardino Counties
  • Mediterranean fruit fly: Los Angeles County
  • Tau fruit fly: Los Angeles County
  • Queensland fruit fly: Los Angeles and Ventura Counties

According to a CDFA press release:

“Thanks to the responsiveness and cooperation of Santa Clara’s residents, and our partners at the Santa Clara County Division of Agriculture and the United States Department of Agriculture, we were able to quickly and safely eradicate this infestation of the Oriental fruit fly,” said Victoria Hornbaker, Director of CDFA’s Plant Health and Pest Prevention Services Division. “As with so many invasive species, when we can detect infestations early and respond promptly, we stand the best chance of protecting our backyard fruits and vegetables and ultimately safeguarding California’s agricultural heritage.”

Although the Santa Clara County quarantine is over, the CDFA is still urging residents and industry members across California to remain vigilant for signs of invasive pests to help prevent any future introductions of invasive species. There are currently six other active fruit fly quarantines in California.

For a link to our Exotic fruit flies resources page, click here.

CPR & AED Awareness Week: Promoting Heart Health and CPR Training

May 27th, 2024

Established by Congressional resolution in 2007, the U.S. observes June 1-7 each year as National CPR and AED Awareness Week, a dedicated time to raise awareness about critical lifesaving skills for cardiac arrest emergencies.

CPR can make a significant difference in the outcome of a cardiac emergency. CPR training sessions teach participants how to respond effectively in emergencies, providing them with the knowledge and confidence to perform CPR until professional help arrives.

By combining awareness initiatives with practical training in CPR, businesses can take proactive steps toward reducing the impact of heart-related emergencies. The goal is equip individuals with the tools and training to act swiftly and decisively in critical situations. As we observe National CPR & AED Awareness Week, let us collectively strive to create a healthier and more resilient society by fostering a culture of heart-conscious living and widespread CPR training.

For more helpful information or workplace safety training, including CPR and First Aid certification, please contact Western Growers Insurance Services.

Western Growers Insurance Services is a full-service insurance brokerage offering a suite of insurance products 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].

Week 1 of National Safety Month: Safety Engagement

May 27th, 2024

For any responsible employer, ensuring the safety of employees is paramount. In agriculture, where the well-being of both employees and the environment is intricately intertwined with daily operations, cultivating a positive safety culture is not just a goal but a necessity. Through proactive measures and employee engagement, agricultural businesses can cultivate an environment where safety becomes ingrained in every task. Some areas of focus to drive positive employee engagement are:

Understanding the IIPP: An Injury and Illness Prevention Program (IIPP) is more than a regulatory checkbox; it’s a blueprint for safety and the cornerstone for fostering a positive safety culture.  It encompasses identifying hazards, implementing controls, providing training, and fostering continuous improvement. In agriculture, where risks range from heavy machinery operation to exposure to chemicals and unpredictable weather conditions, an effective IIPP is indispensable.

Employee Engagement: Engaging agricultural employees in safety initiatives is a linchpin for success. Workers on the ground often possess invaluable insights into potential hazards and practical solutions. Encouraging them to actively participate in hazard identification, reporting near misses, and suggesting safety improvements not only enhances the effectiveness of the IIPP but also instills a sense of ownership over safety protocols.

Training and Communication: Regular and comprehensive safety training is the cornerstone of a positive safety culture. From proper operation of equipment to handling hazardous materials and emergency procedures, employees need to be equipped with the knowledge and skills to navigate their work environment safely. Moreover, clear and consistent communication channels ensure that safety-related information flows freely across all levels of the organization.

Recognition and Incentives: Recognizing and rewarding safety-conscious behavior reinforces its importance within the organizational fabric. Whether through incentives for adhering to safety protocols, acknowledging contributions to safety improvements, or celebrating safety milestones (without disincentivizing employees for reporting injuries), positive reinforcement goes a long way in reinforcing desired behaviors.

Continuous Improvement: Dynamic environments and regulatory changes require ongoing adaptation to new challenges and evolving best practices. A culture of safety embraces the mindset of continuous improvement, where feedback loops from employees, regular safety audits, and staying abreast of industry advancements drive refinement and innovation in safety protocols.

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 products 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].

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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: Safety Engagement – Cultivating a positive safety culture through employee engagement can create an environment where safety is inherent in every task.   

Week 2: Roadway Safety – Prioritize roadway safety with strategic tips to mitigate the risk of accidents and ensure the safety of employees and other road users.

Week 3: Risk Reduction – Proactive identification of risks and hazards foster a safer work environment.

Week 4: Slips, Trips and Falls – A frequent cause of significant workplace injury and associated costs, these types of incidents are often preventable. 

Specialty Crops Applaud House Farm Bill Moving Forward

May 27th, 2024

WASHINGTON, D.C. (May 24, 2024) – The Specialty Crop Farm Bill Alliance (SCFBA) has released the following statement following the U.S. House Agriculture Committee’s passage of the farm bill:

“We thank Chairman Thompson and his staff for including so many investments for specialty crops in his bill, as well as the countless Democrats and Republicans on the House Agriculture Committee who expressed strong support for them during Thursday’s markup. Investments like these are vital to maintaining and enhancing the competitiveness of our growers across the U.S. and to support a healthier America, and it’s essential they appear in the final conference report.

“Delivering a farm bill this year is imperative and will require bipartisan support on funding sources. It is now time for all parties to come together to develop that agreement and provide the certainty that specialty crop producers and the country overall deserve.”

A national coalition of more than 200 specialty crop organizations, the SCFBA represents growers of fruits, vegetables, dried fruit, tree nuts, nursery plants and other products. In early 2023, the alliance released a set of key policy priorities as part of its Farm Bill recommendations. 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 SCFBA is co-chaired by Cathy Burns, CEO of the International Fresh Produce Association; 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.

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 farmbillalliance.com

Tony Alameda from Topflavor Farms Joins WGCIT for May Lunch and Learn

May 27th, 2024

The Western Growers Center for Innovation & Technology (WGCIT) in Salinas hosted its May Lunch & Learn last week, featuring Tony Alameda of Topflavor Farms.

Dennis Donohue, Executive Director of the WGCIT, introduced Tony to a packed house of agtech startups, reminiscing about his radicchio sales days when Tony achieved double the yields on a challenging chicory crop. This success solidified Tony’s reputation for excellence.

Tony Alameda, a name synonymous with innovation and tradition in the agricultural sector, has been a guiding force in the industry. A second-generation farmer, Tony, alongside his family, has cultivated Topflavor Farms into a beacon of diverse and sustainable farming. Established in 1983 in Fremont, California, and known for its vegetable production across California and Mexico, the company has flourished under his leadership. Tony’s vision led to the expansion into the Salinas and San Juan Valleys, where Top Flavor Farms now produces over two dozen different commodities. Growing up farming in the desert, Tony remembers working hard from a young age.

Tony’s influence extends beyond the fields. As a co-founder of Sabor Farms and former Chair of the Grower-Shipper Association of Central California’s Board of Directors, he has been at the forefront of agricultural innovation, especially during the challenging times of the global pandemic. His commitment to community and collaboration was evident when he co-founded Sabor Farms after a chance meeting with Jess Quinlan, proving that great ideas can sprout from simple conversations.

Addressing agtech startups, Tony shared insights from his family’s strategic move to the Salinas Valley, leveraging its perfect Mediterranean climate and diverse soils to grow a variety of crops. His advice to these budding entrepreneurs was clear: partner with stakeholders who are as passionate about innovation as they are about agriculture. These are the partners who will embrace new technologies and see them through to fruition.

Tony’s approach to farming is a blend of embracing new technologies and honoring time-tested methods. His openness to trying new technological solutions is balanced by the wisdom to recognize that sometimes, traditional ways are the smartest. This philosophy has not only made him an excellent farmer but also a respected leader in the agricultural community.

The best advice Tony had for the WGCIT innovators was to not drop off samples to a grower and run. Farmers want to see the product or service work in the field. Most growers are open to trying new things, but the entrepreneurs must do the work with them. For those who would like to learn more, please listen to Tony’s interview with the Platform 10 Podcast.

For more information about joining the WGCIT and having access to its monthly Lunch & Learn events with growers, visit the Center’s website here.

U.S. Supreme Court Settles Procedural Arbitration Question Among District/Circuit Courts 

May 23rd, 2024

A May 16, 2024 decision by the U.S. Supreme Court settles an ongoing question among the District and Circuit courts concerning the staying of court proceedings when an employment-related dispute is subject to arbitration.  

The case Smith v. Spizzirri involved claims of misclassification relating to independent contractors. The question before the Court was whether a trial court has the discretion to dismiss a lawsuit on the basis that all the claims are subject to arbitration. The Court, interpreting the Federal Arbitration Act (FAA), holds that lower courts do not have such discretion.  

According to the Court, absent a separate unrelated reason to dismiss, when a federal court finds that a dispute is subject to arbitration, and a party has requested a stay of the lower court proceeding pending arbitration, the lower court does not have discretion to dismiss the suit on the basis that all the claims are subject to arbitration.  

A plain reading of Section 3 of the FAA makes clear that, when any issue in a suit is subject to arbitration, the court “shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.” In the Court’s view, “the use of the word “shall” “creates an obligation impervious to judicial discretion.”

What Does It Mean? 

In an employment-related context, Smith gives certainty to court proceedings involving questions of arbitrability. For example, a plaintiff-employee initiates a lawsuit in state/federal court alleging employment-related claims without disclosing the claims are subject to a previously signed arbitration agreement. In response, the defendant-employer files a motion to compel the matter into arbitration in accordance with the terms of the arbitration agreement. The plaintiff then requests that the trial court issue a stay of the proceedings pending the outcome of the defendant’s motion; a motion which is typically granted so long as “the applicant . . . is not in default in proceeding with the arbitration.”  

Post Smith, this nearly automatic procedural sequence of events will streamline court processes and serve the practical purpose of ensuring the parties can return to court if arbitration fails to resolve a dispute while allowing courts to maintain their supervisory role for arbitrations as set forth in the FAA. This procedural certainty will also help employers better understand and manage the litigation process.

Ninth Circuit Rules Only Individual PAGA Claims Can be Subject to Arbitration

May 23rd, 2024

A recent Ninth Circuit case holds that only individual PAGA claims can be subject to arbitration.  

In the case, Diaz v. Macy’s West Stores, Diaz sued her former employer under PAGA alleging violations of California’s labor code on behalf of herself and other employees. A final ruling in the district court compelling arbitration of all Diaz’ claims was appealed to the Ninth Circuit by Macy’s. In reaching its decision, the Ninth Circuit looked to the parties’ arbitration agreement to determine whether the parties consented to arbitrate just Diaz’ individual PAGA claims or both the individual and non-individual PAGA claims.  

Giving the words of the arbitration agreement “their ordinary and popular sense” rather than their strict legal meaning, the Court found that at the time of contracting, the parties consented only to arbitration of individual claims relating to Diaz’s own employment. This meant that, in opposition to the district court’s reasoning, the Court chose not to broaden the arbitration agreement’s language precluding “consolidate[d] claims of different Associates” and “class or collective action[s]” to include the PAGA-related claims. In the Court’s own words, “it does no violence to the agreement to read non-individual PAGA claims as an instance of a class or collective action.” In the Court’s opinion, the agreement’s language was strongly indicative of an intent to exclude any amalgamation of employees’ claims—including non-individual PAGA claims—from arbitration. 

What Does it All Mean? 

A key lesson from the Diaz decision is that it clarifies and distinguishes arbitration agreements that pre-date some of the more recent PAGA cases (i.e., Viking River and Adolph); many of which fail to even mention PAGA waivers. In such instances, the Diaz court directs a plain reading of the agreement and consideration of the parties’ intentions. It also instructs that courts should not only compel individual PAGA claims to arbitration and direct non-individual PAGA claims to the court but should do so even where an agreement makes no mention of PAGA claims.  

Much has changed on the PAGA landscape. Employers currently utilizing arbitration agreements should consult legal counsel in connection with reviewing any representative action waiver and severability provisions. 

Specialty Crop Farm Bill Alliance Applauds Movement on Farm Bill

May 21st, 2024

WASHINGTON, D.C. (May 21, 2024) – The Specialty Crop Farm Bill Alliance (SCFBA) has issued the following statement following the release of the U.S. House farm bill draft:

“The Specialty Crop Farm Bill Alliance appreciates the work of House Agriculture Committee Chairman Thompson and others for moving the farm bill process forward and for recognizing the importance of specialty crops with several key investments, including for research, innovation, crop insurance and trade. Investments like these are vital to maintaining and enhancing the competitiveness of our growers across the U.S. and to support a healthier America. It is critical they appear in the final conference report.”

The SCFBA further stated, “We continue to assess the impact on specialty crops that may result from changes to the Commodity Credit Corporation and the Thrifty Food Program. We know the only path forward for a farm bill this Congress is a bipartisan one and are hopeful that lead negotiators in the House and Senate will come together to resolve any disagreements in time for a five-year farm bill to be signed into law by the President this year.”

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 farmbillalliance.com.