Posts By: Jeff Janas

Japan Frustrated with Celery MRL Violations

Western Growers has been advised of another maximum residue level (MRL) violation involving a shipment of celery to Japan. Japan’s Ministry of Health, Labour and Welfare discovered a shipment that produced a 0.02 ppm residue level of Bifenthrin which exceeds Japan’s default MRL of 0.01 ppm. These continued violations have not only caused the Ministry to ...

Agricultural Overtime Implementation Update

The passage of AB 1066 has generated numerous questions about how the legislation’s provisions will be interpreted and implemented by the California Department of Industrial Relations (DIR) and the California Labor Commissioner. Western Growers has been working in close conjunction with other industry organizations to identify ambiguous language in the statute requiring clarification by state…

Exported U.S. Onions Violate Taiwanese Food Standards Requirements

Nine U.S. export shipments of onions to Taiwan have been tested and found to be non-compliant with Taiwan’s food safety standards. The violations include five for cadmium; two for Chlorpropham; and two for Dicloran. Taiwan is requesting that the industry tighten up U.S. export controls to avoid future violations and sanctions. Taiwan has requested a ...

Former WG Chairman Lael C. Lee, Jr. Passes Away at 95

Lael C. Lee, former Western Growers’ Director and Chairman passed away on December 4, 2016, at the age of 95. Lee served on the WG Board of Directors from 1973 to 1985 and became Chairman in 1982. According to an LA Times obituary, following his honorable discharge from the United States Army Air Corp., Lee, ...

APMA 37th Annual Forum to be Held January 25-27 in Monterey

Please join the Agricultural Personnel Management Association (APMA) for the 37th Annual Forum, January 25 – 27, 2017, at the Monterey Plaza Hotel and Spa.  WG Vice President and General Counsel Jason Resnick will launch this three-day annual conference by leading a comprehensive session on the H-2A process. His session on Wednesday, January 25, will ...

Projected H-2A Wage Rates for 2017

The National Agricultural Statistics Service (NASS) has released data that will be used to calculate the Adverse Effect Wage Rate (AEWR) for H-2A workers for 2017. Arizona’s AEWR is expected to decrease from $11.20 to $10.95 per hour. California’s AEWR is expected to increase from $11.89 to $12.57 per hour.   Colorado’s AEWR is expected ...

Ninth Circuit Issues Opinion in AB 1513 Carve Out Case

The Ninth Circuit Court of Appeals has issued an opinion reinstating Fowler Packing Company’s and Gerawan Farming, Inc.’s lawsuit alleging that the Legislature denied them equal protection by intentionally targeting and excluding them from the AB 1513 piece-rate law safe harbor in order to win support for the bill from the United Farm Workers union. ...

Mexico’s Minimum Wage to Increase

Workers in Mexico earning minimum wage will earn $80.04 Mexican pesos (MXN), approximately $3.88 USD, as of January 1, 2017, up from $73.04 MXN, approximately $3.54 (USD). The increase was approved December 1 by the Mexican National Minimum Wages Commission. The wage increase actually consists of a pair of increases to the minimum wage. First, ...

Western Growers Presents Basket of Fresh Arizona Produce to Governor Ducey; Holiday Reminder

With the Holiday Season in full swing, Arizona Governor Doug Ducey was presented with a basket of fresh Arizona grown produce this morning at his capitol office from AnnaMarie Knorr, Western Growers’ Arizona government affairs manager.    Last week, the governor took time from his busy schedule to join some Western Growers’ Arizona directors and ...

New Notification: California Earned Income Tax Credit

AB 1847, which was signed into law on September 12, 2016, amends California’s Revenue and Taxation Code by requiring employers that that were previously required to notify employees of their eligibility for the federal Earned Income Tax Credit (EITC) to also notify them that they may be eligible for the California Earned Income Tax Credit. ...

Western Growers Urges Opposition to Water Board’s Proposed Unimpaired Water Flow Rule

The State Water Resources Control Board (Board) will hold its final regional workshop on proposed rule changes to the Water Quality Control Plan and unimpaired flow proposals for the Delta on Tuesday, January 3, 2017, in Sacramento. The proposed changes would increase unimpaired flows from the San Joaquin River by 40 percent in order to ...

Reminder: State Minimum Wage Increases Go into Effect January 1, 2017

For employers with 26 or more employees, California’s minimum wage will go up from $10 per hour to $10.50 on January 1, 2017, pursuant to SB 3. This in turn will raise the California white collar exemption rate to $43,680 per year. The minimum wage will increase each year until the wage reaches $15 per hour ...

US Wins WTO Trade Dispute Case against Indonesia

The United States Trade Representative’s (USTR) office announced today, that the World Trade Organization (WTO) dispute settlement panel found in favor of the United States’ challenge to Indonesia’s wide-ranging restrictions and prohibitions on horticultural products, animals, and animal products.  The United States filed this dispute to address trade barriers in Indonesia that…

Deadline Looms for AB 1513 Safe Harbor Payments

Employers that timely elected to take advantage of the safe harbor provisions that are part of AB 1513 piece-rate legislation have until this Thursday, December 15, 2016, to make back payments. A pending court case failed to obtain an extension of the deadline. AB 1513 offers piece-rate employers a safe harbor option to shed liability ...

2017 H-2A Wage Rates Now in Effect

Tomorrow, December 23, 2016, the Employment and Training Administration (ETA) of the Department of Labor (Department) issued its Federal Register Notice to announce the 2017 Adverse Effect Wage Rates (AEWRs). This notice applies to the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services. AEWRs are the minimum wage…

Appeals Court Reinstates Constitutional Challenge in AB 1513 “Carve-Outs” Case

The U.S. 9th Circuit Court of Appeals has sided with two San Joaquin Valley farmers in reinstating their lawsuit that contended that California legislators intentionally and arbitrarily crafted provisions to exclude them from the safe harbor protections in Assembly Bill 1513. The Legislature passed, and Governor Jerry Brown signed into law, AB 1513, waiving penalties ...

Arizona Governor and State Legislators Touring Yuma Ag Operations

Thirteen members of the Arizona Legislature are participating in an extensive two-day tour of Yuma agriculture beginning Thursday. Several newly-elected legislators from across the state will learn about the fresh produce industry as they tour fields, processing facilities and customs and immigration facilities at the United States/Mexico border. Legislators will also receive a briefing on…

US DOL to Hold Open House Registration for FLC/FLCEs

The United States Department of Labor, Wage and Hour Division will hold a three day open house for all FLC/FLCEs to process Farm Labor Certificates. The open house registration will be held in the department’s Fresno satellite office. FLC/FLCE certificate processing is by appointment only. Open House Info Dates: January 10- January 12, 2017 Time: ...

USCIS Increases H-2A Filing Fee

On December 23, 2016, significant increases in USCIS filing fees for immigration petitions, including H-2A petitions, will take effect. The fee to file Form I-129, Petition for Nonimmigrant Worker, used for H-2A petitions, will increase from $325 to $460. Any I-129s filed after December 23 will need to include payment of the higher fee amount. ...

APHIS to Issue Final Rule Allowing for Importation of Lemons from Argentina

The United States Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is publishing a final rule to allow the importation of fresh lemons from northwest Argentina into the continental United States. The rule has been sent to the Federal Register and will become effective 30 days after it is published. APHIS is adopting ...