Posts By: Jason Resnick

New AB 60 Driver’s License Guidance Issued

On May 19, 2015, the U.S. Department of Homeland Security updated the Frequently Asked Questions section of the U.S. Citizenship and Immigration Services website in connection with driver authorization and driver privilege cards such as the AB 60 driver’s license that the California Department of Motor Vehicles began issuing this year. Employers presented with a ...

Additional Guidance on AB 60 Calif. Driver’s Licenses

On May 19, 2015, the U.S. Citizenship and Immigration Services posted guidance on its website for employers of employees who present a driver’s license issued by a state to persons who cannot submit satisfactory proof of legal presence in the United States. In sum, the guidance states that such a license: Must be accepted in ...

Computer Glitch Delays H-2A Visa Processing

The United States is experiencing a worldwide delay in the processing of visas and passports at its consulates and embassies abroad, including Mexico, due to technical difficulties. “A hardware failure on June 9 halted the flow of biometric clearance requests from posts to the Consular Consolidated Database (CCD). Individuals who submitted online applications or were ...

Cal-OSHA Settles UFW Heat Illness Enforcement Lawsuit

Cal/OSHA and the United Farm Workers union have reached a settlement in the long-running lawsuit over heat illness enforcement.  Under the terms of the agreement, Cal/OSHA has agreed to step up inspections during the heat season and target repeat offenders. The agreement also expands the UFW’s role in reporting employers it suspects of violating existing rules, ...

Brown Appoints Top ALRB Attorney as Counsel

Sylvia Torres-Guillen, the Agricultural Labor Relations Board’s (ALRB) general counsel, has left the agency to serve as special counsel to Governor Jerry Brown.  Torres-Guillen’s tenure was marked by major policy and personnel changes as well as controversial actions in a number of cases, most notably the UFW’s attempt to force Gerawan Farms and its employees ...

Reminder — California’s Paid Sick Leave Law Takes Effect July 1

The new California paid sick leave law (AB 1522) — which requires that all employees receive a minimum of paid sick leave per year and requires employers to track sick leave accrual and use — takes effect on July 1. Here is a brief summary of what this change will mean to Western Growers members: ...

Wall Street Journal — U.S. Visa System Back Online

Yesterday, the Wall Street Journal reported that the system failure which prevented the processing of visas around the world for over two weeks — including H-2A visas for farm workers — has been resolved.  Initially it was estimated that the inability of the State Department to process H2A visas cost California farmers between $500,000 and ...

California Family Rights Act Amendments Effective July 1

New amendments to the California Family Rights Act (CFRA) have been promulgated with the purpose of more closely aligning the CFRA with the federal Family Medical Leave Act (FMLA) and providing much needed clarification.  The new regulations will take effect on July 1, 2015. Key Changes The amendments are voluminous, but here is a list ...

Industry Challenges Piece-Rate Compensation Decisions

In the summer of 2013, after the California Supreme Court declined to review the Appellate Court decisions in Gonzalez v. Downtown L.A. Motors and Bluford v. Safeway Stores—the two key cases that declared that piece rate employees must be separately paid for non-productive time and break periods—the flood gates have opened.  Over the past two ...