California Labor Code section 2802 states that employers must indemnify their employees for all necessary expenditures or losses incurred as a direct consequence of their job duties. It's crucial for employers to understand the guidelines and best practices surrounding this process. It is recommended that employers establish a clear policy regarding expense report submissions. Employers…
If you are an employer in California, it is important to ensure that you are in compliance with the state's meal and rest laws. Failure to comply with these laws can result in costly penalties and legal action against your company. Here are some key points to keep in mind: Meal Periods: Employees who work more than 5 hours in a day must be provided with a 30-minute uninterrupted meal…
[Correction: An earlier version of this post stated that oral argument is scheduled for August 7. That is the date by which the Supreme Court should issue its decision in the case] Oral argument in Adolph v. Uber Technologies is scheduled for May 9, 2023. On that date, the California Supreme Court will hear arguments to determine if someone with an individual PAGA claim in arbitration can…
When an employee is absent due to a workplace injury and receiving workers' compensation benefits, their health insurance is not covered by workers' compensation. However, there are options available to protect an employee's health benefits. If the employee qualifies for the federal Family and Medical Leave Act (FMLA) or state leaves such as the California Family Rights Act (CFRA) or pregnancy…
The U.S Department of State published a Final Rule on March 28th regarding increases to certain nonimmigrant visa application (NIV) processing fees and the Border Crossing Card (BCC) for Mexican citizens. Effective May 30, 2023, H-2A and H-2B visa fees will increase from $190 to $205. The pending visa fee increase is on top of US Citizenship and Immigration Services’ (USCIS) proposed…
As scrutiny intensifies around organizations’ ESG efforts – such environmentally friendly, sustainable growing, and ethical sourcing practices – the risk of litigation, regulatory enforcement, and high-profile media headlines increases. What can be learned from this and how can directors, managers, in-house legal departments, and other stakeholders learn how to build a reputation for ESG…
The U.S. Supreme Court’s decision last June in Viking River Cruises v. Moriana was viewed by many as a victory for employers. The Court allowed individual Labor Code Private Attorneys General Act of 2004 (PAGA) claims to be compelled to arbitration and required the dismissal of non-individual PAGA claims brought on behalf of others. The case has resulted in a wave of motions in state and…
The California Court of Appeal for the Second Appellate District recently issued a decision that disagreed with the Supreme Court's interpretation of the Private Attorneys General Act of 2004 (“PAGA”) in Viking River Cruises, Inc. v. Moriana. PAGA allows employees to sue their employers for Labor Code violations on behalf of themselves and other current or former employees. Viking River held…
The Department of Labor’s Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides an overview of the new Adverse Effect Wage Rate (AEWR) Rule and gives the stakeholder community an opportunity to familiarize itself with the regulatory changes. The webinar will discuss the methodology behind the new AEWR rule and prepare examples of how it…
The U.S. Department of Labor has published a new Frequently Asked Questions (FAQ) regarding the final rule establishing a new methodology for determining hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations for temporary labor certifications in the H-2A program. Employers who submit an H-2A job order on or after March 30, 2023, will be subject to the new AEWR methodology for…
A coalition of industry groups, including Western Growers, has filed an amicus curiae brief in the California Supreme Court in Adolph v. Uber Technologies, a case which will examine the ruling that purportedly provided relief to employers from California Labor Code Private Attorneys General Act PAGA claims in the recent decision from the United States Supreme ...
A coalition of industry groups, including Western Growers, has filed an amicus curiae brief in the California Supreme Court in Adolph v. Uber Technologies, a case which will examine the ruling that purportedly provided relief to employers from California Labor Code Private Attorneys General Act PAGA claims in the recent decision from the United States Supreme ...
Western Growers and Ventura County Agricultural Association invite member owners and Legal/HR representatives to participate in a webinar – AB 2183: What Can Farmers Expect in 2023. The webinar will take place on April 5, 2023 from 10 am – 12:00 pm PDT and will feature Rob Roy, President/General Counsel of Ventura County Agricultural Association and Jason Resnick, Senior Vice President and…
The U.S. Department of Labor announced it will publish a final rule to amend the Adverse Effect Wage Rates for the H-2A program. The final rule, published on Feb. 28 in the Federal Register, says the department will calculate the H-2A wage rates for field workers based on USDA’s Farm Labor Survey of farmworker wages. However, H-2A wage rates for some occupations, such as truck drivers…
California Labor Commissioner Lilia García-Brower has issued an open letter reminding employers of their obligations to comply with the State’s new pay transparency requirements under the California Equal Pay Act. (Labor Code. Sections 423.3 and 1197.5) Employers with 15 or more employees must include the pay scale for a position in any job posting, and if that employer engages a third…
Please join us for a webinar in which Western Growers attorneys will provide a comprehensive review of the new California and Federal employment laws and cases that will impact employers in 2023 and beyond. Jason Resnick, Sr. Vice President & General Counsel, and Teresa McQueen, Corporate Counsel, will be conducting a content-packed webinar to update organizations about the latest changes…
Last week, the U.S. Department of Agriculture released data from its annual farm wages report. USDA’s Farm Labor Survey is used to calculate the 2023 Adverse Effect Wage Rate (AEWR), which determines the minimum wages for H-2A workers in each state. California employers can expect to see the AEWR increase from $17.51 per hour to $18.65 ...
The U.S. Department of Labor will conduct a virtual listening session for employers and their representatives to gather input about possible changes to the regulations governing the H-2A visa program for temporary agricultural employment of foreign workers. DOL’s stated goals are to listen, engage the public, and hear from many voices who could be impacted ...
The U.S. Department of Labor has published a third set of FAQs regarding the 2022 H-2A Final Rule. According to DOL’s press statement the Office of Foreign Labor Certification (OFLC) has issued a set of Frequently Asked Questions (FAQs), Round 3 – Job Offers, Assurances, and Obligations – Wages, associated with the publication of the ...
The US Citizenship and Immigration Services (USCIS) has proposed a massive hike in immigration petition fees, including fees to petition for H-2A visas for temporary and seasonal agricultural workers. Under the proposed ruled, published by USCIS on Jan. 4, 2023, the fee for an H-2A Petition for unnamed beneficiaries would increase from the current $460 ...