Posts By: Jason Resnick
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DOL issues guidance of FMLA and FLSA Coverage for Remote Workers
The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on Feb. 9 clarifying how the Fair Labor Standards Act (FLSA) and how the Family and Medical Leave Act’s (FMLA’s) hours-of-service eligibility requirement apply to nonexempt remote workers. The DOL also concurrently published an opinion letter clarifying that eligible employees with serious health…
9th Circuit Rules AB 51, California’s Ban On Forced Employment Arbitration Agreements, Is Preempted
The 9th U.S. Circuit Court of Appeals has ruled that AB 51, the law that makes it a crime to require job seekers and employees to sign agreements for arbitration of workplace disputes is preempted by federal law. Accordingly, California employers can compel employees to sign mandatory arbitration agreements as a condition of employment. In ...
DOL Previews New H-2A Rule
Yesterday, the U.S. Department of Labor (the “Department”) announced the Temporary Agricultural Employment of H-2A Nonimmigrants in the United States final rule. DOL says the rule will improve the H-2A program by strengthening key worker protections and modernizing the application process. The final rule will be published in the Federal Register October 12. According to the ...
California Expands Family and Paid Sick Leave to care for “Designated Persons”
On September 29, 2022, Governor Newsom signed AB 1041, which states that in addition to the family members outlined in California’s paid sick leave law and the California Family Rights Act (CFRA), an employee also can take leave to care for a “designated person.” Currently, under the CFRA, eligible employees may take job-protected leave to ...
California’s Bereavement Leave Law
On September 29, 2022, Governor Newsom signed AB 1949, which creates protected bereavement leave under the California Family Rights Act (CFRA). Effective January 1, 2023, AB 1949 prohibits an employer from refusing to grant an eligible employee the opportunity to take up to five days of bereavement leave upon the death of a qualifying family ...
Ag Employers: Prepare Now for Union Card Check Law
AB 2183, the UFW-sponsored bill that guts the secret ballot process for farmworkers, is scheduled to take effect Jan. 1, 2023. Ag employers should begin preparing now to ensure they are not targeted for unionization. The bill signed by Gov. Gavin Newsom provides two options for agricultural employees to unionize: an election process with mail-in ballots in ...
Ag Industry Files Amici Brief in 9th Circuit Court of Appeals
An Amici Curiae brief has been filed on behalf of seven agricultural trade associations, including Western Growers Association, Ventura County Agricultural Association, Grower-Shipper Association of Santa Barbara and San Luis Obispo County, Grower-Shipper Association of Central California, California Strawberry Commission and the California Fresh Fruit Association. The legal brief is…
New Heat Regs to Take Effect May 1
Cal/OSHA is asking stakeholders to provide the agency questions about new heat illness prevention regulations that are in need of clarification. Western Growers members can send comments and concerns directly to Cal/OSHA, Western Growers, or both. Western Growers, in conjunction with the Heat Illness Prevention Coalition, will send a letter on behalf of the coalition. ...
Nassif, Staff to Speak at Industry Partners’ Main Events
NCAE 2015 Annual Meeting, February 3-5, Hotel Monaco, Washington DC WG President and CEO Tom Nassif will be the Keynote Speaker at NCAE's 2015 Annual Meeting, on Feb. 3 at 10:30 a.m. at the Hotel Monaco in Washington D.C. Nassif’s address will offer interesting insights from the former Ag labor lawyer who negotiated opposite Cesar ...
UFW’s Attempt to Circumvent Grievance-Arbitration Procedure Denied
UFW represents the agricultural employees of long-time Western Growers member San Joaquin Tomato Growers (SJTG) pursuant to a collective bargaining agreement (CBA) that was imposed upon on the employer in a Mandatory Mediation and Conciliation (MMC) proceeding. UFW filed a case with the Agricultural Labor Relations Board (ALRB) claiming SJTG failed to comply with the ...
Personnel Procedures Manual Updated for 2015
Western Growers’ fully revised and updated Personnel Procedures Manual covers everything you need to know to stay in compliance with California’s and Arizona’s complex and ever-changing rules, laws, and regulations in the agricultural industry —including the information you'll need to be in compliance in 2015. This nearly 600-page guide is packed with…
WG Webinar –What Employers Need to Know About Driver Licenses for the Undocumented
On January 2, 2015, the California Department of Motor Vehicles began issuing driver licenses to undocumented immigrants pursuant to AB 60 (Alejo, D-Salinas). It is likely that many falsely documented agricultural employees will take advantage of this new opportunity. According to an agency press release, over 11,000 AB 60 licenses have been issued and almost ...
Participate in the 2015 California Agricultural Wage & Benefit Survey
Western Growers is once again participating in the annual California Agricultural Wage and Benefit Survey conducted by Farm Employers Labor Service (FELS®). Not to be confused with the Western Growers Professional Compensation & HR Practices Surveys, the FELS Wage & Benefit survey provides a market reference for growers making wage and benefit decisions for 14 ...
CA Issuing Thousands More AB 60 Driver’s Licenses — Are You Ready? Join Our Webinar February 4
On January 2, 2015, the California Department of Motor Vehicles began issuing driver licenses to undocumented immigrants pursuant to AB 60 (Alejo, D-Salinas). It is likely that many falsely documented agricultural employees will take advantage of this new opportunity. According to an agency press release dated January 28, 2015, approximately 39,000 AB 60 licenses have ...
Texas Judge Blocks Obama’s Immigration Orders
Siding with 26 states that filed a lawsuit to block implementation of President Obama’s Executive Orders announced last November, a federal district court judge in Texas issued a temporary injunction yesterday halting the program on the basis that the president overstepped his authority. Although officials at the Department of Homeland Security (DHS) acted quickly to ...
Cal OSH Standards Board to Vote on Revisions to Heat Illness Prevention Regs
On February 19, the California Occupational Safety and Health Standards Board will vote on revisions to the heat illness prevention standard (General Industry Safety Orders §3395). Previous proposals were roundly criticized by Western Growers and other industry groups in written comments and at a public meeting last September. The earlier proposals contained requirements that water ...
Standards Board Approves Changes to Heat Illness Regs
Last week, the California Occupational Safety & Health Standards Board approved changes to the state’s Heat Illness Prevention (HIP) Regulations (Cal. Code of Regs. tit. 8, § 3395). The board intends to request that the revisions be made effective May 1, 2015, so that the changes are in place prior to the upcoming heat season. ...
Allowable Charges for H-2A Workers’ Reimbursement Announced
The Department of Labor has published a Notice in the Federal Register to announce the allowable charges and subsistence reimbursements related to H-2A workers in 2015. The notice provides the maximum meal charge for employers who provide three meals per day to workers, as well as the maximum travel subsistence meal reimbursement that a worker ...
CA DLSE Issues New Guidance on Paid Sick Leave
The California Department of Industrial Relations Division of Labor Standards Enforcement (DLSE) has updated it Frequently Asked Questions (FAQ) on its Healthy Workplace Healthy Family Act of 2014 (AB 1522) web page. The following question and answers may have particular applicability to employees who work 10–hour days under Wage Order 14. Q: What if I work ...
Cal–OSHA Proposes Rules for Use of Personnel Transport Carriers
The California Occupational Safety and Health Standards Board introduced a proposal to permit the use of agricultural tractors with Personnel Transport Carriers (PTCs) in level field row crop and irrigation operations. The proposal comes following the consolidated petitions from Buttonwillow Land and Cattle Company and Bolthouse Farms requesting the board set standards for the entire ...