Posts By: Jason Resnick
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Appellate Court Says UFW and Wonderful Must Resume Negotiations Amid Ongoing Legal Dispute
In a recent development, California's 5th District Court of Appeal has ruled that negotiations between the United Farm Workers (UFW) and Wonderful Company must continue, forcing the two parties to return to the bargaining table. This decision follows a legal dispute in which Wonderful had previously obtained a preliminary injunction from the Kern County Superior Court, temporarily halting all…
ALRB Subcommittee Responds to Public Comments on AB 113 Regulations
On October 25, 2024, the Agricultural Labor Relations Board (ALRB) Subcommittee released its report addressing public feedback on further regulatory modifications under AB 113, focusing on card check provisions and appeal bonds. Western Growers, along with other agricultural interests, submitted comments, underscoring concerns related to transparency, fairness, and practical compliance with the…
ALRB’s New Santa Maria Office Decision Raises Impartiality Concerns
At its October 30, 2024, meeting, the California Agricultural Labor Relations Board (ALRB) approved a decision to establish a new office in Santa Maria through a sublease agreement with the Central Coast Alliance United for a Sustainable Economy (CAUSE). This late addition to the Board’s agenda was not made available for public comment, drawing concern over the Board’s procedural…
Maximizing Employer Protections Under New PAGA: “All Reasonable Steps” to Mitigate Risk
California employers have long grappled with the Private Attorneys General Act (PAGA), a law that allows employees to sue on behalf of the state for labor code violations. However, recent reforms to PAGA have introduced significant opportunities for employers to mitigate their risk and reduce penalties—if they take proactive steps to ensure compliance before receiving a Labor and Workforce…
EDD Challenges H-2A Employer on Unemployment Taxes for Housing and Meals
The Employment Development Department (EDD) is targeting an H-2A employer with a move that could have wide-reaching implications for the agricultural industry in California. In a recent preliminary hearing before an administrative law judge at the California Unemployment Insurance Appeals Board, the EDD is seeking to apply unemployment taxes to meals and housing provided to H-2A workers.…
ALRB Finalizes Regulations for AB 113
The Agricultural Labor Relations Board (ALRB) recently held a public hearing to discuss proposed regulations related to AB 113 (card check). These regulations focus on majority support petitions, unfair labor practice compliance, and appellate bonds. Over the course of several hearings held in 2024, the ALRB has reviewed public comments and made modifications to these regulations. The…