Posts By: Jason Resnick

Cal/OSHA Issues New COVID-19 Emergency Temporary Standard FAQ’s; Industry Lawsuit is Underway

On Jan. 8, 2021, Cal/OSHA issued much-anticipated updated Frequently Asked Questions in connection with the COVID-19 emergency temporary standards (ETS). While the new FAQs offer some clarity as to some of the many questions employers have grappled with in attempting to comply with the ETS, many questions and ambiguities remain. According to the updated FAQs ...

U.S Department of Labor Issues New H-2A Streamlining Rules

On Jan. 15, 2021, the U.S. Department of Labor (DOL) announced a final rule that would modernize the H-2A Temporary Agricultural Labor Program. This combined agency effort between DOL, the State Department and the U.S. Department of Agriculture has been a long time coming and comes on the eve of a presidential transition. However, as ...

2021 H-2A AEWR Expected by Feb. 25; May Require Backpay Obligation

As reported here, on December 23, 2020, the U.S. District Court for the Eastern District of California issued an order in United Farm Workers. v. DOL enjoining the Department of Labor from implementing its Final Rule modifying the Adverse Effect Wage Rate (AEWR) methodology for setting wages under the H-2A program. On January 12, 2021, ...

Department of Labor Pulls Trump H-2A Streamlining Rule

As reported here, on January 15, 2021, just five days before President Biden would take the oath of office, the U.S. Department of Labor announced the imminent publication of a final rule, Temporary Agricultural Employment of H-2A Nonimmigrants in the United States (RIN 1205-AB89). The rule was to go into effect 30 days after the pending publication ...

Western Growers Files Amicus Brief in Union Access Case

Western Growers, California Fresh Fruit Association, Grower Shipper Association of Santa Barbara and San Luis Obispo Counties and Ventura County Agricultural Association have filed an amicus curiae – friend of the court – brief at the U.S. Supreme Court in a case challenging the so-called Access Regulation promulgated by the Agricultural Labor Relations Board (ALRB) ...

Cal/OSHA Emergency Temporary Standard: Model Covid-19 Prevention Program and Model Notices

On November 30, 2020, the California Department of Industrial Relations’ (DIR) Office of Administrative Law approved a new Cal/OSHA Emergency Temporary Standard (ETS) regarding COVID-19. The ETS became effective immediately and applies, with limited exception, to all California employers. Those exempt from ETS compliance are: 1) single-employee employers who do not have contact with others;…