The USDA Farm Labor Stabilization and Protection Pilot Program (FLSP) will award up to $65 million in American Rescue Plan Act funding to provide support for agricultural employers in implementing robust labor standards to promote a safe, healthy work environment for both U.S. workers and workers hired from northern Central American countries under the H-2A visa program. The program is funded by…
The USDA Farm Labor Stabilization and Protection Pilot Program (FLSP) will award up to $65 million in American Rescue Plan Act funding to provide support for agricultural employers in implementing robust labor standards to promote a safe, healthy work environment for both U.S. workers and workers hired from northern Central American countries under the H-2A visa program. The program is funded by…
Correction: The previous version of this story misidentified the employer as DiMare Fresh, Inc. The actual employer is DMB Packing Co. dba The DiMare Co. The first “Majority Support Petition” (Card Check) filed under the new law has failed to garner majority support in its initial attempt. The petition was filed by the UFW on behalf of the tomato workers of DMB Packing Co. dba The DiMare…
The Department of Homeland Security (DHS) has unveiled a proposed rule that aims to modernize the H -2A agricultural worker program and the H-2B nonagricultural worker program. The proposed rule, announced on September 18, 2023, is designed to bolster worker protections and streamline various program processes. The announcement follows on the heels of the publication last week by the U.S.…
When Gov. Gavin Newsom signed AB 113 into law on May 15, 2023, AB 2183 was immediately amended, and the new law went into effect. Gone is the “Labor Peace Compact” and the promise of mail-in ballot elections—a Hobson’s choice no employer signed up for. It retains the card check provisions under the new moniker— “Majority Support Petition.” Untouched are the onerous penalties of…
The U.S. Department of Labor is proposing new rules aimed at bolstering protections for H-2A farmworkers, preventing abuses that undermine labor standards, and promoting fair treatment for all agricultural workers. Key provisions of the proposed rule include: Empowering Worker Self-Advocacy: The proposed rule seeks to empower workers by expanding and clarifying existing anti-retaliation…
The California Court of Appeal has handed down a ruling with potential far-reaching implications for employers seeking to enforce arbitration agreements.[1] The case centered around petitioner Jane Doe's legal action against her former employer, Na Hoku, Inc., and her former manager, Ysmith Montoya. Doe had brought forth multiple claims stemming from Montoya's alleged sexual harassment and…
The Agricultural Labor Relations Board has posted a Frequently Asked Questions regarding AB 113 which makes several changes to the Agricultural Labor Relations Act relating to card check elections, new civil penalties and appeal bonds. The ALRB has also posted a majority support petition (i.e., card check) form. ALRB is in the process of developing regulations to implement the provisions of AB…
The United States Department of Labor (DOL) has unveiled a new Notice of Proposed Rulemaking (NPRM) aimed at revising the salary thresholds for overtime exemptions, affecting various categories of employees under the Fair Labor Standards Act (FLSA). The proposed changes are as follows: Standard Salary Level Increase: The DOL proposes to raise the minimum salary threshold for the executive,…