Posts By: Jason Resnick

CA Labor Commissioner Issues Guidance on New Pay Transparency Law Requirements

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…

Save the Date: 2023 Employment Law Update Webinar – March 8, 2023

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…

New Higher H-2A Wage Rate for Wine Grape General Vineyard Workers for CA North Coast

The California Employment Development Department (“EDD”) recently submitted a new Domestic Agricultural In-Season Wage Report to the Department of Labor (“DOL”),  which sets a new Prevailing Wage of $19.65 for H-2A agricultural workers engaged in general vineyard work (i.e., pre-harvest activities) in wine grapes.  The new prevailing wage for such H-2A activities applies to the…

New 2023 Meal Charge and Subsistence Rates for H-2A Workers

The U.S. Department of Labor’s Employment and Training Administration has announced the allowable meal charges and reimbursement for travel subsistence for H-2A and H-2B workers, which was published in the Federal Register on February 9, 2023.  The new rates are effective immediately. Allowable Meal Charge H-2A employers must offer and provide each H-2A worker three meals per…

Appellate Court Rejects Employee’s “I Don’t Recall Signing” Defense to Arbitration Agreement

California employees have taken to challenging the enforceability of employment arbitration agreements by claiming that they do not recall signing it, even when the agreement contains their signature and, therefore, should not be required to arbitrate their claims.  In Iyere v. Wise Auto Group, a California Court of Appeal recently shot down this argument, holding that ...

DOL issues guidance of FMLA and FLSA Coverage for Remote Workers

The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on Feb. 9 clarifying how the Fair Labor Standards Act (FLSA) and how the Family and Medical Leave Act’s (FMLA’s) hours-of-service eligibility requirement apply to nonexempt remote workers.  The DOL also concurrently published an opinion letter clarifying that eligible employees with serious health…

9th Circuit Rules AB 51, California’s Ban On Forced Employment Arbitration Agreements, Is Preempted

The 9th U.S. Circuit Court of Appeals has ruled that AB 51, the law that makes it a crime to require job seekers and employees to sign agreements for arbitration of workplace disputes is preempted by federal law.  Accordingly, California employers can compel employees to sign mandatory arbitration agreements as a condition of employment. In ...