Posts By: Jeff Janas
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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 ...
California Employment Development Department Issues Notice on AB 1513 Back Pay Reporting and Contributions
The state of California Employment Development Department issued a guidance memo for employers regarding reporting AB 1513 (piece-rate legislation) back payments and paying required contributions to EDD. The notice advises employers to prepare a Quarterly Contribution Return and Report of Wages (DE 9), and pay unemployment insurance, state disability insurance and employment training tax…
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…
Agricultural Employers May Be Required to Provide Day of Rest
Agricultural employers have been exempt from California Labor Code section 551 which provides that “[e]very person employed in any occupation of labor is entitled to one day’s rest therefrom in seven” and section 552 which safeguards that statutory entitlement by providing that “[n]o employer of labor shall cause his employees to work more than six ...
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: ...
Irrigator Exemption Probably Safe Until 2019
As previously reported in Spotlight, agricultural employees are now thought to be covered under the seventh-day’s rest provisions in Labor Code sections 551 and 552, as of January 1, 2017, pursuant to AB 1066. However, the irrigator exemption is probably left unchanged until January 1, 2019. AB 1066 has caused many employers and legal practitioners ...
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. ...
Asm. Gray Tells State Water Board to ‘Start Over’ on Proposed Unimpaired Water Flow Rule
The final State Water Resources Control Board (Board) regional workshop on proposed rule changes to the Water Quality Control Plan and unimpaired flow proposals for the Delta was held yesterday in Sacramento. The proposal, which would increase unimpaired flows from the San Joaquin River by a minimum of 40 percent to aid salmon populations, is ...
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 ...
Ducey Lays Out His 2017 Agenda in State of the State Address
Governor Doug Ducey gave his third State of the State address yesterday to open the 2017 Legislative Session. Addressing both the House and Senate and their newly-elected leaders — Senate President Steve Yarbrough and Speaker Javan Mesnard — including 24 freshman legislators, Ducey laid out his plan for the year. Much of the focus of the ...
USDA Delays Effective Date for Organic Import Certificates from Mexico
The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced it is delaying the January 16, 2017, effective date for requiring import certificates on shipments of organic commodities originating in Mexico. A new implementation date has not been announced. USDA-AMS stated it would notify stakeholders once the new effective date has been determined. It…
Brown Budget Proposes $1M Fee Increase to Support New Irrigated Lands Staff
Governor Brown’s budget proposes an increase of five new positions and $1 million for the Irrigated Lands Regulatory Program (ILRP) Waste Discharge Permit Fund. During the budget briefing conference call with state agencies, Western Growers’ staff questioned why the $1 million increase was necessary. Since 2004, the governor’s budget has capped the ILRP budget at ...
Employers Must Use New Form I-9 by January 22
On November 14, 2016, United States Citizenship and Immigration Services (“USCIS”) released a revised Employment Eligibility Verification Form I-9 for employer use. Employers must use the updated Form I-9 starting no later than Sunday, January 22, 2017. Among the changes in the new version, Section 1 asks for “other last names used” rather than ...
Western Growers Comments on PMA/United Ethical Charter
The Produce Marketing Association and United Fresh Produce Association Joint Committee on Responsible Labor Practices, has published a proposed “Ethical Charter.” The committee is seeking public feedback on the draft Ethical Charter, which purports to “provide a framework for demonstrating and driving responsible labor practices across the global fresh produce and floral supply chains.”…
Contingency in Place for Possible US/Mexico Border Protest Disruption
The Secretary of Treasury in Mexico (SAT) has implemented a contingency plan in the event protesters block ports of entry between Mexico and the United States. Information has circulated that various groups may block the ports tomorrow to protest President-elect Donald Trump’s swearing-in. Mexican border agents will work overtime tomorrow, and will work extended hours ...
Trump Executive Order Prompts USDA to Issue 60-day Stay on Importation of Lemons from Argentina
Following a Trump White House directive signed on January 20, 2017, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) is issuing a 60-day stay on its final rule to allow the importation of fresh lemon fruit from northwest Argentina into the continental United States. The final rule was promulgated on ...
Ag Groups Urge CA to Improve Water Supplies
Based on a snow survey conducted by the California Department of Water Resources, California already has 108 percent of its typical water supply for the entire year. In response to the findings, Western Growers, California Farm Bureau Federation and California Farm Water Coalition distributed a joint press release asking the state to use the survey ...
Western Growers Signs onto Letters Supporting Estate Tax Repeal Initiatives
Tax reform will be a significant priority for the Congress in 2017 with both Congress and the Trump Administration looking to revamp the nation’s tax system. Earlier this month, Senator John Thune (R-ND), and Representatives Kristi Noem (R-SD) and Rob Bishop (R-UT) introduced legislation in the Senate and House of Representatives, respectively, that would repeal ...