Posts By: Jason Resnick
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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…
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…