Posts By: Jason Resnick
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USDA Launches New H-2A Grant Program
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…
First Card Check Petition Fails for Lack of Support
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…
DHS Proposes Rule to Enhance Worker Protections in H-2 Visa Programs
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.…
The Union Has Submitted Proof of Majority Support (Card Check). What Do You Do?
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…
Department of Labor Proposes New Protections for H-2A Farmworkers
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…
California Court Sets Strict Timer for Payment of Arbitration Fees
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…
ALRB Releases FAQs on AB 113 Card Check, Appeal Bonds
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…
New DOL Rule Proposes Significant Changes to Overtime Salary Thresholds
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,…
The NLRB Brings Back “Quickie” Elections
On August 24, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that marks a significant shift in the landscape of labor relations in the United States. This rule, set to take effect on December 26, 2023, dramatically shortens union election processes, prompting heated debates between labor and management interests. In 2014, during the Obama administration, significant…
Concrete Consequences: Supreme Court Cements Precedent Against Union-Sponsored Sabotage
In Glacier Northwest v. International Brotherhood of Teamsters, the U.S. Supreme Court recently ruled 8-1 that striking workers are not protected when they intentionally make inventory that they intend to ruin by walking off the job. According to the company’s allegations, the union called for a work stoppage when they knew that Glacier Northwest was in the process of mixing and delivering…
Cal/OSHA Reminds Employers to Protect Workers from Heat Illness
Cal/OSHA is reminding all employers to protect workers from heat illness as high temperatures are forecast throughout the state. The National Weather Service has issued excessive heat warnings for some areas during the coming days. Some of the highest temperatures include: In addition to responding to complaints and reports of injuries and illnesses, Cal/OSHA will be performing…
Navigating the Pros and Cons of Employment Arbitration
Employment arbitration is an alternative dispute resolution mechanism where employees agree to resolve their disputes with their employer outside of a court. The use of employment arbitration agreements has become increasingly common, and most attorneys (including this author) advise employer clients that it’s generally better to have them than not. However, despite the oft-promoted…
Key Changes to California’s Background Check Regulations
The California Office of Administrative Law recently approved amendments to the California Fair Chance Act regulations, as proposed by the California Civil Rights Council. Effective October 1, 2023, these changes impact employers with five or more employees and involve inquiries into an applicant's criminal history prior to a job offer. One key amendment concerns the process following an…
New Form I-9 Now Available; New Inspection Requirements
As reported here, the U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) announced the release of a new version of the Form I-9. The new form is available for downloaded here. The updates are aimed at simplifying the form, making it more accessible, and ensuring compliance with current immigration laws. Here is a summary of the key changes to the Form…
California’s Minimum Wage Rate Jumping to $16.00 Per Hour in 2024
California’s minimum wage rate will rise to $16.00 per hour, beginning on January 1, 2024, due to a cost-of-living increase provision found in the state’s minimum wage law. California Labor Code section 1182.12 requires the state to determine annually if the minimum wage rate should be adjusted for inflation. The California Department of Finance is responsible for reviewing U.S. Bureau of…
Newsom Unveils Free Legal Services For Undocumented Farmworkers
Governor Gavin Newsom announced a new $4.5 million pilot program to provide free immigration legal assistance to farmworkers actively involved in state labor investigations. The new program includes case review services, legal advice, and representation by an attorney at no cost. Eligibility for this pilot program's free legal services is limited to those with a case under review by the Labor…
H-2A Program Growth 2023
The H-2A program, designed to facilitate the employment of seasonal and temporary agricultural workers, has experienced remarkable growth in recent years, and that growth has only accelerated over the past and current fiscal year. In Fiscal Year 2023 (FY23), the Department of Labor (DOL) certified a remarkable 13,500 applications to fill 212,000 jobs with H-2A workers in just the first two…
Industry Pushes to Block Kroger-Albertsons Planned Merger
Western Growers joined with the California Fresh Fruit Association and Colorado Fruit & Vegetable Growers Association to recently submit comments to the Federal Trade Commission (FTC) on the proposed merger of grocery giants Kroger and Albertsons. While the companies’ investors might see a profitable upside, farmers have good reason to be concerned this deal, worth nearly $25 billion, is…
DOL Publishes Guidance on H-2A Wage Determinations
The U.S. Department has published another FAQ concerning the final rule promulgating regulations establishing a new methodology for determining hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations (i.e., all occupations other than herding and production of livestock on the range) for temporary labor certifications in the H-2A program (the 2023 AEWR Final Rule). The final rule went…
WG Legal Webinar: CA Privacy Act – What Employers Need to Know About the CPRA/CCPA
This comprehensive webinar covers the new privacy regulations which became operative in 2023, changes to the privacy act from 2020, consequences for failure to comply, how the privacy act is being enforced, and a to-do-list for employers. Join us on July 19th at 11:00am by registering here. This webinar is open to WG members only. For more information on how to become a WGA member, please…