Jason Resnick, Author at Western Growers Association Western Growers Association

Posts By: Jason Resnick

Court of Appeal Revives PAGA Claim; Outcome Would Differ Under New PAGA Law

In Osuna v. Spectrum Security Services, Inc.1, the California Court of Appeal reversed a trial court's dismissal of a representative claim under the Private Attorneys General Act (PAGA), holding that the plaintiff had standing to bring the claim even though he had not worked for the employer during the one-year statute of limitations period preceding his PAGA notice. Edgar Osuna worked for…

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Best Practices: Hand Weeding and Thinning in California Agriculture

California agricultural employers engaged in hand weeding, thinning, and similar crop preparation activities must comply with specific safety regulations designed to prevent musculoskeletal injuries among agricultural workers. The California Code of Regulations, Title 8, Section 3456, outlines when and how hand labor is permitted and places strict limits on stooped, kneeling, or squatting work…

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H-2A Workers and Taxes: What H-2A Employers Need to Know

Understanding the tax treatment of H-2A agricultural workers can be a source of confusion for employers, even those who have participated in the H-2A program for years. Federal and state tax rules governing H-2A employees differ in significant ways from those that apply to domestic workers—and not all obligations fall on the employer. With spring planting underway and tax season upon us, now…

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PAGA Standing Requires Personal Labor Code Violation, Court Affirms

In Williams v. Alacrity Solutions Group, LLC, the California Court of Appeal recently reaffirmed that a plaintiff bringing a representative action under the Private Attorneys General Act (PAGA) must personally suffer a Labor Code violation to have standing. Corbin Williams worked as an adjuster for Alacrity Solutions Group for approximately one week in 2019. He brought a PAGA-only lawsuit…

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