Posts By: Jason Resnick

California’s Ag Overtime Law: Good Intentions, Unintended Consequences

The enactment of AB 1066 in 2019, expanding overtime pay for agricultural workers in California, was celebrated as a progressive step toward equity in the labor market. However, the nuances and complexities of agricultural economics have rendered the law's impact less straightforward and, in many cases, counterproductive. In her article, California’s Overtime Law for Agricultural Workers:…

Lawsuit Challenges USCIS Fee Hikes

A recent legal challenge has been mounted against the U.S. Citizenship and Immigration Services (USCIS) over its decision to significantly hike immigration filing fees, a move that could impose considerable financial burdens on H-2A employers. The new rule, set to take effect on April 1, 2024, introduces a 15% increase for unnamed H-2A workers, raising the filing fee from $460 to $530 per…

Western Growers Legal: Playing by the Non-Compete Rules Webinar

Join us for the second in a series of webinars brought to you by Agribusiness Committee of the California Lawyers Association, Business Law Section.  This installment focuses on what members can and cannot do with non-compete agreements. Our speakers, June Monroe from Fennemore LLP and Christopher Passerelli from Dickenson Peatman & Fogarty, explore the nuances of these contracts and…

California Ag Coalition Lodges Objections Regarding New H-2A Notice

The California agricultural community, represented by Western Growers and a coalition of labor law attorneys and agricultural associations, has formally expressed their concerns regarding the Department of Industrial Relations' (DIR) new Supplemental Notice related to the H-2A visa program. The letter submitted by the coalition focuses on several pivotal issues that could significantly impact…

“Uncharted Territory”: The Controversial Passage of Cal/OSHA’s Indoor Heat Standard

In a surprising turn of events, the Cal/OSHA Standards Board took an unexpected step by unanimously approving an indoor heat illness prevention regulation, despite being advised to delay the vote. This decision thrust the Board into what Autumn Gonzalez, the Board Chief Counsel, described as "uncharted territory." The backstory to this circus of a hearing is as intriguing as the decision…

Farmworker Unionization Faces Legal Challenge Amidst Allegations of UFW Deception

A dispute has erupted between the United Farm Workers (UFW) and Wonderful Nurseries LLC in Wasco over the unionization of over 600 employees. The Agricultural Labor Relations Board’s (ALRB) Regional Director’s decision to certify the UFW's majority support petition (card check) has been challenged by Wonderful, alleging that workers were misled into signing union support cards under the…

Best Practices: Wage and Hour Self-Audit, Part 2

In this second in our two-part series on wage and hour compliance, we address critical aspects of compliance for every employer's operational playbook. Timekeeping Practices Employers must scrutinize their timekeeping systems, particularly in jurisdictions like California where rounding employees' time is prohibited. Ensuring time is recorded accurately to the minute is essential for…