Posts By: Jason Resnick
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Protect Outdoor Workers From Heat Illness
As temperatures soar throughout the Southwest, employers must take steps to protect outdoor workers from heat illness by providing water, rest, shade and training. In California, Cal/OSHA’s heat illness prevention standard applies to all outdoor worksites. To prevent heat illness, the law requires employers to provide outdoor workers fresh water, access to shade at 80 degrees and…
Important Changes to Colorado Anti-Discrimination Laws
The POWR Act, set to take effect on August 7, 2023, introduces several significant amendments to the Colorado Anti-Discrimination Act (CADA). These changes aim to strengthen protections against discriminatory practices in the workplace. Here is a summary of key provisions of the POWR Act and their implications. Expanded Definition of Discriminatory Practices: The POWR Act eliminates the…
ALRB Publishes Draft Regulation on Changes to Labor Union Elections and Appeal Bonds for Agricultural Employers
As reported here, Governor Newsom signed AB 113 into law, revising labor union election and appellate bonding provisions enacted by AB 2183. It replaces the labor peace compact and non-labor peace election provisions with a majority support petition process, allowing certain labor organizations to become certified as the exclusive bargaining representative of an employer’s agricultural…
Ninth Circuit Rules Ag Marketing Companies Not Liable for Workers’ Wages
A group of agricultural workers who sued a pair of strawberry marketers for unpaid wages have had their claims denied by the Ninth Circuit. The court upheld a previous ruling by a California federal court, stating that the companies were not liable for the workers' pay. On appeal, the panel of judges determined that the companies did not have the necessary control over the farms to establish…
NLRB Says Many Non-Competes Violate the National Labor Relations Act
NLRB General Counsel Jennifer Abruzzo recently issued a crucial internal memo outlining her stance on non-compete provisions in employment contracts and severance agreements. In the memo, Abruzzo states that such provisions generally violate the National Labor Relations Act (NLRA), except under specific circumstances. Abruzzo asserts that overbroad non-compete agreements infringe upon…
California Expense Reimbursement: Best Practices
California Labor Code section 2802 states that employers must indemnify their employees for all necessary expenditures or losses incurred as a direct consequence of their job duties. It's crucial for employers to understand the guidelines and best practices surrounding this process. It is recommended that employers establish a clear policy regarding expense report submissions. Employers…
Best Practices: California Meal and Rest Periods
If you are an employer in California, it is important to ensure that you are in compliance with the state's meal and rest laws. Failure to comply with these laws can result in costly penalties and legal action against your company. Here are some key points to keep in mind: Meal Periods: Employees who work more than 5 hours in a day must be provided with a 30-minute uninterrupted meal…
California Employers on Edge: Adolph v. Uber Technologies to be Heard on May. 9
[Correction: An earlier version of this post stated that oral argument is scheduled for August 7. That is the date by which the Supreme Court should issue its decision in the case] Oral argument in Adolph v. Uber Technologies is scheduled for May 9, 2023. On that date, the California Supreme Court will hear arguments to determine if someone with an individual PAGA claim in arbitration can…
Navigating Health Benefits During Workers’ Compensation Leave
When an employee is absent due to a workplace injury and receiving workers' compensation benefits, their health insurance is not covered by workers' compensation. However, there are options available to protect an employee's health benefits. If the employee qualifies for the federal Family and Medical Leave Act (FMLA) or state leaves such as the California Family Rights Act (CFRA) or pregnancy…
H-2A Visa Fees to Increase May 30
The U.S Department of State published a Final Rule on March 28th regarding increases to certain nonimmigrant visa application (NIV) processing fees and the Border Crossing Card (BCC) for Mexican citizens. Effective May 30, 2023, H-2A and H-2B visa fees will increase from $190 to $205. The pending visa fee increase is on top of US Citizenship and Immigration Services’ (USCIS) proposed…
Legal Webinar: How to Build a Reputation for ESG Without “Greenwashing”
As scrutiny intensifies around organizations’ ESG efforts – such environmentally friendly, sustainable growing, and ethical sourcing practices – the risk of litigation, regulatory enforcement, and high-profile media headlines increases. What can be learned from this and how can directors, managers, in-house legal departments, and other stakeholders learn how to build a reputation for ESG…
Courts Apply Viking River with Mixed Results
The U.S. Supreme Court’s decision last June in Viking River Cruises v. Moriana was viewed by many as a victory for employers. The Court allowed individual Labor Code Private Attorneys General Act of 2004 (PAGA) claims to be compelled to arbitration and required the dismissal of non-individual PAGA claims brought on behalf of others. The case has resulted in a wave of motions in state and…
California Court of Appeal Holds Viking River Does Not Deprive Plaintiffs of Standing to Pursue “Representative” PAGA Claims Even if Compelled to Arbitrate “Individual” PAGA Claims
The California Court of Appeal for the Second Appellate District recently issued a decision that disagreed with the Supreme Court's interpretation of the Private Attorneys General Act of 2004 (“PAGA”) in Viking River Cruises, Inc. v. Moriana. PAGA allows employees to sue their employers for Labor Code violations on behalf of themselves and other current or former employees. Viking River held…
DOL to Host Webinar on New H-2A Wage Rule
The Department of Labor’s Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides an overview of the new Adverse Effect Wage Rate (AEWR) Rule and gives the stakeholder community an opportunity to familiarize itself with the regulatory changes. The webinar will discuss the methodology behind the new AEWR rule and prepare examples of how it…
DOL Publishes FAQ on New H-2A Wage Rule
The U.S. Department of Labor has published a new Frequently Asked Questions (FAQ) regarding the final rule establishing a new methodology for determining hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations for temporary labor certifications in the H-2A program. Employers who submit an H-2A job order on or after March 30, 2023, will be subject to the new AEWR methodology for…
Industry Files Amicus Brief in PAGA Case Before California Supreme Court
A coalition of industry groups, including Western Growers, has filed an amicus curiae brief in the California Supreme Court in Adolph v. Uber Technologies, a case which will examine the ruling that purportedly provided relief to employers from California Labor Code Private Attorneys General Act PAGA claims in the recent decision from the United States Supreme ...
Industry Files Amicus Brief in PAGA Case Before California Supreme Court
A coalition of industry groups, including Western Growers, has filed an amicus curiae brief in the California Supreme Court in Adolph v. Uber Technologies, a case which will examine the ruling that purportedly provided relief to employers from California Labor Code Private Attorneys General Act PAGA claims in the recent decision from the United States Supreme ...
Webinar AB 2183: What Can Farmers Expect in 2023
Western Growers and Ventura County Agricultural Association invite member owners and Legal/HR representatives to participate in a webinar – AB 2183: What Can Farmers Expect in 2023. The webinar will take place on April 5, 2023 from 10 am – 12:00 pm PDT and will feature Rob Roy, President/General Counsel of Ventura County Agricultural Association and Jason Resnick, Senior Vice President and…
DOL Announces New H-2A Wage Rule
The U.S. Department of Labor announced it will publish a final rule to amend the Adverse Effect Wage Rates for the H-2A program. The final rule, published on Feb. 28 in the Federal Register, says the department will calculate the H-2A wage rates for field workers based on USDA’s Farm Labor Survey of farmworker wages. However, H-2A wage rates for some occupations, such as truck drivers…
CA Labor Commissioner Issues Guidance on New Pay Transparency Law Requirements
California Labor Commissioner Lilia García-Brower has issued an open letter reminding employers of their obligations to comply with the State’s new pay transparency requirements under the California Equal Pay Act. (Labor Code. Sections 423.3 and 1197.5) Employers with 15 or more employees must include the pay scale for a position in any job posting, and if that employer engages a third…