Posts By: Jason Resnick
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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 ...
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. ...
Following Court Decision, DOL Shuts Down H-2B Program
In a stunning move following a federal court decision, the U.S. Department of Labor (DOL) has announced that it will no longer accept or process applications for workers under the H-2B program, effectively shutting down the program. According to a story published by Reuters, the decision issued on March 4th by U.S. District Judge Casey ...
May 1 Effective Date Prompts Cal-OSHA to Issue Guidance on New Heat Standard
As we previously reported in Spotlight, the California Occupational Safety & Health Standards Board approved amendments to the state’s Heat Illness Prevention (HIP) Regulations (Cal. Code of Regs. tit. 8, § 3395). The revisions are expected to go into effect on May 1, 2015. In response to questions from stakeholders about how the new requirements ...
WG Lawsuit Challenges Piece Rate Rest Period Compensation Policy
Western Growers, along with a coalition of agricultural trade associations, has filed a lawsuit against Labor Commissioner Julie Su and the Division of Labor Standards Enforcement challenging the labor commissioner’s policy that employers who pay employees on a piece-rate basis must pay those employees their average hourly piece-earning rate for rest periods. The labor…
Piece-Rate Workshop — Payment for Rest Periods and Non Productive Time
Complying with California’s rules for paying piece-rate workers can be tricky. When you consider the potential exposure for failing to pay correctly, you can’t afford to get it wrong. Join Western Growers’ Vice President and General Counsel Jason Resnick for an overview of piece-rate compensation legal requirement and legal trends. In addition, you will learn ...
Gerawan Appeals Court Victory Sets Stage for Hearing before CA Supreme Court
On May 14, 2015, a California appellate court issued its decision in Gerawan Farming Inc. v. Agricultural Labor Relations Board (United Farm Workers), setting up a possible future showdown between the parties in the California Supreme Court. Western Growers — and several other agricultural trade associations — filed an amicus brief in April of 2014 ...
Injunction on President’s Executive Actions Upheld by Federal Appeals Court
This week, the U.S. Court of Appeals for the Fifth Circuit let stay an injunction on President Obama’s executive actions granting protection from deportation and the right to work to parents of U.S. citizens and legal permanent residents who have lived in the United States for at least five years and to several hundred thousand ...
New AB 60 Driver’s License Guidance Issued
On May 19, 2015, the U.S. Department of Homeland Security updated the Frequently Asked Questions section of the U.S. Citizenship and Immigration Services website in connection with driver authorization and driver privilege cards such as the AB 60 driver’s license that the California Department of Motor Vehicles began issuing this year. Employers presented with a ...