Posts By: Jason Resnick
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Federal Formula for Calculating “Flat Sum” Bonus Overtime Ruled Unlawful in California
Reversing the decisions of the trial court and Court of Appeal that had ruled in favor of the employer, the California Supreme Court has held that a California employer cannot use the federal formula for calculating overtime on a flat sum bonus during a single pay period, but must use the method created by the ...
Cal/OSHA Reminds Employers to Protect Their Outdoor Workers during Periods of Extreme Heat
With spring in full swing and summer only a few months away, Cal/OSHA is reminding employers to take the necessary steps to ensure their employees are protected during heat waves. Extreme heat is the number one weather-related killer in the country, so preventing heat-related illnesses is crucial. Here are some recommendations for employers: Train all ...
FLC Processing Available in Fresno on April 25 & 26
On April 25 and 26, the U.S. Department of Labor will be processing Farm Labor Contractor (FLC) and Farm Labor Contractor Employee (FLCE) Certificates at its satellite office in Clovis, California. The satellite office—the Western Regional Farm Labor Certificate Processing Office at Clovis—will be processing certificates for all FLC/FLCE’s by appointment only. Appointments are from ...
California Supreme Court Makes it More Difficult to Classify Workers as Independent Contractors
On April 30th, the California Supreme Court issued a unanimous opinion on how the Industrial Wage Orders govern independent contractor versus employer status in California. The case will make it much more difficult for companies to prove that independent contractors are properly classified. Companies engage independent contractors for a variety of reasons including avoidance of ...
Western Growers Files Amicus Brief in U.S. Supreme Court ESA Case
Western Growers recently filed an amicus brief in support of petitioners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, an Endangered Species Act case pending in the U.S. Supreme Court. Petitioners challenge a final rule issued by the U.S. Fish and Wildlife Service designating critical habitat for the dusky gopher frog, which was upheld ...
H-2A Roundtable Sessions to be Held Throughout June
H-2A roundtable discussions will be held in Salinas, Sonoma and Napa throughout June to delve into topics including H-2A compliance, implications and best practices. Jason Resnick, Western Growers’ vice president and general counsel, will be among the labor experts who will provide insight on how best to navigate and stay in compliance with the H-2A ...
U.S. Supreme Court Upholds Class Action Waivers in Employment Arbitration Agreements
The U.S. Supreme Court has issued a highly anticipated decision on the issue of whether class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA). The Supreme Court’s opinion in three consolidated cases (Epic Systems Corp. v. Lewis; Ernst & Young LLP. v. Morris; NLRB v. Murphy Oil) resolves a ...
Appellate Court to ALRB: Count The Gerawan Workers’ Votes
In a unanimous 138-page opinion issued on May 30, 2018, the Fifth District Court of Appeal vacated the Agricultural Labor Relations Board’s (ALRB) decision to dismiss the decertification petition and set aside the election of Gerawan Farming Inc.’s workers and directed the Board to tally the workers’ ballots that it ordered impounded over four years ...
Labor Commissioner Fines FLC and Growers $646,875 in Waiting Time Penalties
The California Labor Commissioner’s Office has issued citations to a large farm labor contracting operation for failing to timely provide farmworkers with their final paychecks. The Labor Commissioner alleges that Vista Santa Rosa Inc., which operates in the Coachella Valley, regularly waited at least three days to pay 1,374 seasonal farmworkers their final paychecks, instead ...
REMINDER – Protect Outdoor Workers during Summer Heat Waves
A period of extreme heat is expected across Central and Southern California beginning on Friday. It is times like these that Cal/OSHA reminds employers to take the necessary steps to ensure their employees are protected during record-breaking heat waves. Extreme heat is the number one weather-related killer in the country so preventing heat-related illnesses is ...
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 ...