Posts By: Jason Resnick
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USCIS To Move H-2A Processing From California to Texas
Beginning Nov. 1, 2023, H-2A employers and agents will be required to file Form I-129 petitions (petition for nonimmigrant visas) with the Texas Service Center (TSC). Previously, H-2A Form I-129 petitions were filed at the California Service Center (CSC) in Laguna Niguel, located in Orange County, California. In addition to H-2A petitions, H-2B-related Form I-129 petitions as well as several…
California Health Care Employers Face New Minimum Wage Law
Governor Newsom recently signed SB 525, a law set to bring significant changes to the health care industry in California. The law, effective from June 1, 2024, introduces a higher minimum wage for a wide range of health care employees and grants them the right to enforce these wage requirements through legal action. SB 525 casts a wide net, encompassing various health care employees and…
Ninth Circuit Rules Pandemic Layoffs Trigger Payment of Final Wages
The Ninth Circuit recently held that when an employer conducts a temporary layoff with no specific return date in the normal pay period, the temporary layoff is a "discharge" under the prompt payment provisions of the California Labor Code, requiring the employer to pay all earned and unpaid wages.[1] The decision has significant implications for California employers. As the pandemic hit in…
Colorado Proposes New Rules to Clarify Equal Pay Law
The Colorado Department of Labor and Employment is introducing new Equal Pay Transparency (EPT) Rules to clarify the state's Ensure Equal Pay for Equal Work Act, set to take effect on January 1, 2024. A public hearing for these proposed rules is scheduled for October 30, 2023, with their implementation also planned for January 1, 2024. Here are the key points from the proposed rules: …
New Forms I-9 and I-129 Now Available
The United States Citizenship and Immigration Services (USCIS) has updated the Form I-9 and Form I-129. New Form I-9 (Effective August 1, 2023): Starting on October 31, 2023, the USCIS will implement the use of a new version of Form I-9, dated August 1, 2023. It is essential for all employers to ensure that they are using the correct edition of Form I-9 to avoid potential penalties. The…
ALRB Regulations Subcommittee Issues Proposed Regulations to Implement Card Check
On September 27, 2023, the Agricultural Labor Relations Board’s Regulations Subcommittee published a report regarding proposed regulations to implement the amendments to the Agricultural Labor Relations Act enacted by Assembly Bill No. 113, which took effect on May 15, 2023. Specifically, the subcommittee’s report includes proposals designed to implement the new “majority support…
California Enacts Groundbreaking Workplace Violence Prevention Safety Requirements
On September 30, 2023, California Governor Newsom signed SB 553, a new workplace violence law. The new law will apply to almost all California employers, with few exceptions. Starting July 1, 2024, covered employers in California are mandated to: Develop and implement a workplace violence prevention plan that meets the law’s specific standards; Maintain a violent incident log to…
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…
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…