Posts By: Jason Resnick
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Cal/OSHA Issues Advisory about Worker Safety in Wildfire Regions
Cal/OSHA issued an advisory recently to remind employers to take extra precautions to protect their workers from the dangers of wildfire smoke. Smoke from wildfires contains chemicals, gases and fine particles that can cause health problems. The greatest hazard comes from breathing fine particles, which can reduce lung function, worsen asthma and other existing heart ...
U.S. District Court Blocks Parts of AB 450
A federal judge in Sacramento has issued an order blocking the State of California from enforcing certain provisions of AB 450 – the recently enacted law that imposes various requirements on employers with respect to immigration worksite actions. However, in a blow to President Donald Trump, the judge declined to block other so-called “sanctuary laws” ...
H-2A Workers May Once Again Occupy USDA-Funded Housing
H-2A workers will once again be permitted to occupy farmworker housing funded by the U.S. Department of Agriculture – Section 514 loans, thanks to an amendment of the Consolidated Appropriations Act of 2018 sponsored by U.S. Representative Dan Newhouse (R-WA). The so-called section 514 loans are administered by USDA on behalf of employers that wish ...
California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims
Last week, in a highly anticipated decision, the California Supreme Court weighed in for the first time on the viability of a de minimis defense to California wage and hour claims. In Troester v. Starbucks Corporation, the Court decided whether California’s wage and hour laws have adopted the de minimis doctrine found in the Fair ...
It’s About Time! Gerawan Election Results Are In and Overwhelmingly NO UNION
After an arduous five-year legal fight, workers of Gerawan Farming Company finally got what they have been pleading for: to have their votes counted, and the results of the UFW decertification election were not close. In an overwhelming rejection of the union, the final tally was 1,098 ballots cast against having the union, and 197 ...
Upcoming Webinar Covers Prop 65 Compliance for Growers, Shippers and Processors
In August 2016, the California Office of Environmental Health Hazard Assessment published updated warning regulations under the Safe Drinking Water and Toxic Enforcement Act (Proposition 65) and provided a two-year transition period for compliance. Now companies need to be in compliance with the updated warning regulations. Successfully navigating Prop. 65 is a simple way to ...
Protect Outdoor Workers Exposed to Smoke from Wildfires
With wildfires currently raging throughout California, Cal/OSHA is advising employers that special precautions should be taken to protect workers from hazards from wildfire smoke. In a recent advisory, Cal/OSHA emphasizes how smoke from wildfires contains chemicals, gases and fine particles that can harm health. The greatest hazard comes from breathing fine particles in the air, ...
Comments Needed for Proposed Changes to H-2A Forms
Last May, the United States Department of Labor (DOL) along with the Department of Agriculture (USDA), the Department of Homeland Security (DHS) and the Department of State, announced a coordinated effort to modernize and streamline the application process for the H-2A temporary agricultural visa program. This is welcome news to our industry. On October 25, ...
Western Growers is a proud sponsor of the 2019 Yuma/Winterhaven H-2A Stakeholder Meeting
Mark your calendar to join Western Growers in Winterhaven on January 8, 2019, for the 2019 Yuma/Winterhaven H-2A Stakeholder Meeting. Experts from government and the industry will hold round table discussions on important issues such as H-2A Driver Transportation, housing issues, expanding the use of H-2A beyond field harvest work and more! Experts from Government ...
Wage Order 14 Update
A draft update to Wage Order 14 awaiting final approval provides much needed clarity on the irrigator exemption and other aspects of AB 1066. As we reported here and here, AB 1066 amended the California Labor Code regarding compensation for overtime for workers in an agricultural occupation. Pursuant to AB 1066 Department of Industrial Relations ...
H-2A Wage Rates to Rise on January 9, 2019
On December 26, 2018, the Employment and Training Administration (ETA) of the Department of Labor (Department) issued its Federal Register Notice to announce the 2019 Adverse Effect Wage Rates (AEWRs). This notice applies to the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services. AEWRs are the minimum ...
Wage Order 14 Update Now Approved and Published
The January 2019 update to Wage Order 14 has received final approval and is now published and in effect. The revised wage order includes the minimum wage in effect for employers with 26 or more employees ($12.00/hour) and employers with 25 or fewer employees ($11.00/hour), as well as future approved increases The wage order also ...
Lawsuit Filed To Halt H-2A Wage Increase
As we reported here, the National Council of Agricultural Employers (NCAE), which Western Growers serves on their Executive Committee, has sued the U.S. Department of Labor (DOL) to stop unsustainable increases in the minimum wage for H-2A visa foreign guestworkers, known at the Adverse Effect Wage Rate (ARWR). The 2019 AEWR rates are now in ...
California Labor Commissioner Provides Guidance on Agricultural Overtime Pay Schedule
The California Department of Industrial Relations released a statement regarding the agricultural overtime pay schedule that went into effect January 1. The law’s overtime pay requirements will be phased in according to the table below. Effective date for employers with 26 or more employees (“large companies”): Effective date for employers with 25 or ...
2018 EEO-1 Report Filing Deadline Extended
Due to the recent partial lapse in appropriations, the opening of the Equal Employment Opportunity (EEO)-1 survey has been postponed until early March 2019. The deadline to submit EEO-1 data will be extended to May 31, 2019. Details and instructions for the EEO-1 Report filers will be forthcoming from the Equal Employment Opportunity Commission. The Equal ...
On-Call Check-In Now Requires Reporting-Time Pay in California
Employers who require nonexempt employees to check in to find out whether they must report to work that day must pay those employees “reporting time” under the applicable wage order. Under a sweeping Court of Appeal decision, when an employee calls in but is not put to work or is furnished less than half of ...
Free H-2A Workshop in Coachella Valley
Are you a current H-2A program participant or looking to hire temporary agricultural workers through the H-2A program? Mark your calendars for a free H-2A workshop Wednesday March 13, 2019, at the Coachella Water District Auditorium. Representatives from the United States Department of Labor, Wage and Hour Division, State of California Employment Development Division, State of…
Reminder – Cal/OSHA 300A Form due by March 2
As we reported here, employers are required to submit their Occupational Safety and Health Administration (OSHA) 300A injury and illness data for the 2018 calendar year by March 2. The classes of business who must comply with the electronic reporting process include: Any business with at least 250 employees. Any business with 20 to 249 ...
Federal Court Revives EEOC Gender Pay Data Collection Rules
Companies with more than 100 employees will soon have to report pay data to the U.S. Equal Employment Opportunity Commission, following a recent court ruling reviving a delayed Obama-era reporting requirement. The pay disclosures were finalized by the U.S. Equal Employment Opportunity Commission in the summer of 2016, but the Trump Administration’s Office of Management ...
Court Finds NCAE Lawsuit Challenging H-2A Wage Hike is Untimely
As we reported here and here, the National Council of Agricultural Employers (NCAE), which Western Growers serves on their Executive Committee, and Nevada-based grower Peri & Sons sued the U.S. Department of Labor (DOL) to stop unsustainable increases in the minimum wage for H-2A visa foreign guestworkers, known at the Adverse Effect Wage Rate (AEWR). On ...