Posts By: Jason Resnick

DOL Gives H-2A Users Much Needed Flexibility on Coronavirus Contingencies

On April 1, the U.S. Department of Labor announced it would temporarily ease some of the rigid requirements of the H-2A program as employers grapple with the tough real-world issues that have been foisted upon them by the coronavirus pandemic.  This temporary easing of some H-2A requirements is outlined in the Office of Foreign Labor ...

DOL Confirms H-2A Employers May Utilize Alternative Housing to Promote Social Distancing Under Certain Conditions

On April 9, 2020, the Department of Labor’s Office of Foreign Labor Certification, issued a Third Round of FAQ’s. It contains only two questions, only the second of which is applicable to agricultural employers.   The FAQ’s answer the question as to whether an H-2A employer can use alternative housing that was not initially disclosed ...

CalSavers Extends Enrollment Deadline to September 30, 2020

On April 15, 2020, the CalSavers Board voted to postpone the enrollment deadline for employers with 100+ employees to September 30, 2020. The original deadline was June 30, 2020. The move does not change existing deadlines for 2021 or 2022. Employers with more than 50 employees have until June 30, 2021, and employers with at least ...

DHS to Temporarily Amend Certain H-2A Requirements During COVID-19 Crisis

The Department of Homeland Security (DHS), with the support of the U.S. Department of Agriculture (USDA), has announced a temporary final rule to change certain H-2A requirements. The rule allows farmers to immediately employ workers already in the country without waiting for approval from USCIS. It also allows workers to stay beyond the three-year maximum ...

CA COVID-19 Supplemental Paid Sick Leave for Food Sector Workers

The CA Labor Commissioner has issued a CA COVID-19 Supplemental Paid Sick Leave for Food Sector Workers poster which must be displayed where workers can easily read it. Executive Order N-51-20 requires employers with 500 or more employees to provide supplemental paid sick leave to food sector workers for specified reasons related to COVID-19.  The ...

Face Coverings Mandatory in Monterey County

Beginning today, Thursday, April 30, Monterey County is requiring the public and employees, including agricultural employees, to wear a face covering. Santa Cruz and San Benito Counties have issued similar orders. According to the Order, all essential businesses must require their employees, contractors, owners, and volunteers to wear a face covering at the workplace and ...

High Heat and Social Distancing

As the temperature is expected to rapidly increase this week, many clients with outdoor operations are asking about how to comply with the obligation to adhere to Cal/OSHA’s high heat regulations and the social distancing recommendations relating to COVID-19. The Cal/OSHA high heat procedures are located here. Note that the high heat procedures kick in when ...