Posts By: Jason Resnick
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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…
Save the Date: 2023 Employment Law Update Webinar – March 8, 2023
Please join us for a webinar in which Western Growers attorneys will provide a comprehensive review of the new California and Federal employment laws and cases that will impact employers in 2023 and beyond. Jason Resnick, Sr. Vice President & General Counsel, and Teresa McQueen, Corporate Counsel, will be conducting a content-packed webinar to update organizations about the latest changes…
Farm Labor Survey Shows H-2A Wage Increase for 2023
Last week, the U.S. Department of Agriculture released data from its annual farm wages report. USDA’s Farm Labor Survey is used to calculate the 2023 Adverse Effect Wage Rate (AEWR), which determines the minimum wages for H-2A workers in each state. California employers can expect to see the AEWR increase from $17.51 per hour to $18.65 ...
Upcoming H-2A Regulations Listening Session for Employers
The U.S. Department of Labor will conduct a virtual listening session for employers and their representatives to gather input about possible changes to the regulations governing the H-2A visa program for temporary agricultural employment of foreign workers. DOL’s stated goals are to listen, engage the public, and hear from many voices who could be impacted ...
U.S. Department of Labor publishes Additional H-2A FAQs
The U.S. Department of Labor has published a third set of FAQs regarding the 2022 H-2A Final Rule. According to DOL’s press statement the Office of Foreign Labor Certification (OFLC) has issued a set of Frequently Asked Questions (FAQs), Round 3 – Job Offers, Assurances, and Obligations – Wages, associated with the publication of the ...
U.S DOL Publishes Adverse Effect Wage Rates (AEWR) for 2023
The U.S. Department of Labor (DOL) has published the 2023 Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range. Starting January 1, 2023, the AEWRs to be paid for H-2A ...
USCIS Proposes Massive Hike in H-2A Fees
The US Citizenship and Immigration Services (USCIS) has proposed a massive hike in immigration petition fees, including fees to petition for H-2A visas for temporary and seasonal agricultural workers. Under the proposed ruled, published by USCIS on Jan. 4, 2023, the fee for an H-2A Petition for unnamed beneficiaries would increase from the current $460 ...
ALRB Releases Guidance on AB 2183 (Card Check)
On December 28, 2022, the Agricultural Labor Relations Board (ALRB) issued guidance regarding the implementation of AB 2183 which makes significant changes to the Agricultural Labor Relations Act. Agricultural employers may now register online to enter into a labor peace compact pursuant to new Labor Code section 1156.35. A list of employers who have so ...
DHS Announces Streamlined Deferred Action Request Process for Noncitizen Participants in Labor Investigations
The U.S. Department of Homeland Security (DHS) has announced a streamlined, expedited process for considering deferred action requests from noncitizen workers who are victims of, or witnesses to, labor violations. The streamlined process is effective immediately. Deferred action may be granted by DHS to temporarily defer deportation proceedings against a noncitizen. A noncitizen…
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 ...
New Higher H-2A Wage Rate for Wine Grape General Vineyard Workers for CA North Coast
The California Employment Development Department (“EDD”) recently submitted a new Domestic Agricultural In-Season Wage Report to the Department of Labor (“DOL”), which sets a new Prevailing Wage of $19.65 for H-2A agricultural workers engaged in general vineyard work (i.e., pre-harvest activities) in wine grapes. The new prevailing wage for such H-2A activities applies to the…
New 2023 Meal Charge and Subsistence Rates for H-2A Workers
The U.S. Department of Labor’s Employment and Training Administration has announced the allowable meal charges and reimbursement for travel subsistence for H-2A and H-2B workers, which was published in the Federal Register on February 9, 2023. The new rates are effective immediately. Allowable Meal Charge H-2A employers must offer and provide each H-2A worker three meals per…
Appellate Court Rejects Employee’s “I Don’t Recall Signing” Defense to Arbitration Agreement
California employees have taken to challenging the enforceability of employment arbitration agreements by claiming that they do not recall signing it, even when the agreement contains their signature and, therefore, should not be required to arbitrate their claims. In Iyere v. Wise Auto Group, a California Court of Appeal recently shot down this argument, holding that ...