As firefighters make strides in containing the Hughes Fire, which has burned over 10,000 acres near Castaic in Ventura County, agricultural employers in the affected areas must take proactive steps to safeguard their employees from the hazards of wildfire smoke. Cal/OSHA has issued timely reminders for employers about their obligations under California’s Protection from Wildfire Smoke…
On January 17, 2025, the Department of Homeland Security’s (DHS) H-2 final rule will go into effect, introducing enhanced requirements for the H-2A nonimmigrant visa program. To align with these changes, U.S. Citizenship and Immigration Services (USCIS) will implement a revised version of Form I-129, Petition for a Nonimmigrant Worker (edition date 01/17/25). Unlike past updates, use of this…
Recent reports from Kern County indicate a surge in U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (Border Patrol) activity, with officers reportedly conducting targeted operations against drug smugglers. While these actions appear not to be aimed at agricultural worksites, the heightened law enforcement presence has understandably caused concern among…
Effective January 1, 2025, California’s Senate Bill (SB) 399 joined the ranks of similar laws in states like Illinois, Connecticut, and New York, limiting employers’ ability to hold mandatory “captive audience” meetings on religious or political matters, including labor organization discussions. The statute prohibits employers from requiring employees to attend meetings or engage in…
Wonderful Nurseries LLC has filed a federal complaint challenging the California Agricultural Labor Relations Board (ALRB) over its refusal to stay the certification of the United Farm Workers (UFW) union as the exclusive bargaining representative for the company’s agricultural employees. The case centers on alleged due process and equal protection violations under the U.S. Constitution and…
The Internal Revenue Service (IRS) has announced an increase in the standard mileage rate for business use of a vehicle for the 2025 tax year. Effective January 1, 2025, the rate will rise by 3 cents, from 67 cents to 70 cents per mile. This adjustment reflects the IRS's annual assessment of the fixed and variable costs associated with operating an automobile, including factors such as fuel…
The Department of Homeland Security (DHS) has issued a final rule, "Modernizing H–2 Program Requirements, Oversight, and Worker Protections," which introduces significant updates to the H-2A and H-2B visa programs. Effective January 17, 2025, the rule aims to bolster program integrity and strengthen worker protections while introducing greater flexibility for both workers and…
The Department of Labor (DOL) has released updated Adverse Effect Wage Rates (AEWRs) for “non-range” H-2A occupations, now published in the Federal Register. These rates are effective as of Dec. 16, 2024, for employers not covered by the Kansas v. U.S. Department of Labor injunction. For employers in the 17 states affected by the injunction, the updated rates will take effect on Dec. 30,…
California employers must prepare for significant changes under AB 2499, effective January 1, 2025. This law expands employee protections for victims of “qualifying acts of violence” (QAV) and their family members, aligning these rights with the Fair Employment and Housing Act (FEHA). Here’s a summary of key changes: Expanded Definition of "Qualifying Acts of Violence" AB 2499…
On December 11, 2024, the Agricultural Labor Relations Board (ALRB) voted to approve regulations implementing AB 113, often referred to as the "card check" law. This action marks a significant step in the development of labor relations in California’s agricultural industry. The approved regulations now head to the Office of Administrative Law (OAL) for final approval, a process that must be…
The Department of Labor’s Office of Foreign Labor Certification (OFLC) issued guidance on November 27, 2024, regarding its response to recent court orders impacting the 2024 Farmworker Protection Final Rule. The Farmworker Protection Rule, which ostensibly aimed to improve protections for H-2A temporary agricultural workers, has faced multiple legal challenges since its publication in April…
This week, the USDA released results from the Farm Labor Survey. The Farm Labor Survey (FLS) is used to calculate the Adverse Effect Wage Rate (AEWR) for field and livestock worker occupations (SOC codes: 45-2041, 45-2091, 45-2092, 45-2093, 53-7064, 45-2099). The results indicate that California employers can expect to see the AEWR increase from $19.75 to $19.97 per hour. The AEWR paid…
The California Agricultural Labor Relations Board (ALRB) reversed course and will not lease office space in Santa Maria from the Central Coast Alliance United for a Sustainable Economy (CAUSE), after Western Growers and others raised conflict of interest and transparency concerns. As reported here, the ALRB had unanimously voted at its October 30, 2024 meeting to approve establishing a new…
In a recent development, California's 5th District Court of Appeal has ruled that negotiations between the United Farm Workers (UFW) and Wonderful Company must continue, forcing the two parties to return to the bargaining table. This decision follows a legal dispute in which Wonderful had previously obtained a preliminary injunction from the Kern County Superior Court, temporarily halting all…
On October 25, 2024, the Agricultural Labor Relations Board (ALRB) Subcommittee released its report addressing public feedback on further regulatory modifications under AB 113, focusing on card check provisions and appeal bonds. Western Growers, along with other agricultural interests, submitted comments, underscoring concerns related to transparency, fairness, and practical compliance with the…
At its October 30, 2024, meeting, the California Agricultural Labor Relations Board (ALRB) approved a decision to establish a new office in Santa Maria through a sublease agreement with the Central Coast Alliance United for a Sustainable Economy (CAUSE). This late addition to the Board’s agenda was not made available for public comment, drawing concern over the Board’s procedural…
California employers have long grappled with the Private Attorneys General Act (PAGA), a law that allows employees to sue on behalf of the state for labor code violations. However, recent reforms to PAGA have introduced significant opportunities for employers to mitigate their risk and reduce penalties—if they take proactive steps to ensure compliance before receiving a Labor and Workforce…
The Employment Development Department (EDD) is targeting an H-2A employer with a move that could have wide-reaching implications for the agricultural industry in California. In a recent preliminary hearing before an administrative law judge at the California Unemployment Insurance Appeals Board, the EDD is seeking to apply unemployment taxes to meals and housing provided to H-2A workers.…
The Agricultural Labor Relations Board (ALRB) recently held a public hearing to discuss proposed regulations related to AB 113 (card check). These regulations focus on majority support petitions, unfair labor practice compliance, and appellate bonds. Over the course of several hearings held in 2024, the ALRB has reviewed public comments and made modifications to these regulations. The…
Last week, a federal judge in Louisiana recently issued a partial injunction on the 2023 Adverse Effect Wage Rate Final Rule for sugar cane growers in that state, citing a US Supreme Court decision that overturned judicial deference to agencies' interpretation of ambiguous statutes. In the case Teche Vermilion Sugar Cane Growers Association Inc., et al. v. Julie Su, et al. (Vermilion), the…