Posts By: Jason Resnick
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CA Gov. Newsom Signs Assembly Bill 5
As previously stated in Spotlight, the California legislature has passed Assembly Bill (AB) 5, which codifies and expands on the “ABC” test for determining whether a worker should be classified as an employee or an independent contractor. Yesterday, September 18th, California Governor Gavin Newsom signed AB 5, requiring employers to reclassify certain workers who are ...
U.S. DOL Updates Salary Levels for Overtime Exempt Workers
The U.S. Department of Labor (DOL) announced its long-awaited final rule updating and revising the regulations issued under the Fair Labor Standards Act (FLSA) regarding the salary levels necessary to deem executive, administrative or professional employees exempt from the FLSA’s minimum wage and overtime pay requirements (the so-called “white collar exemptions”). The DOL changes do…
DOL Rescinds H-2A Advertising Rule
The U.S. Department of Labor has announced the repeal of a rule requiring employers to advertise H-2A jobs in print newspapers. The beneficial new rule becomes effective October 21, 2019. Under current regulations, after an employer submits an acceptable H-2A application and job order, the DOL will issue a Notice of Acceptance specifying the “positive ...
No Reporting Time Pay Required When Power is Disrupted by Public Utilities
As has been reported, PG&E and other California utilities have implemented power outages intended to mitigate wildfire risk caused by downed power lines due to excessive wind conditions. The IWC Wage Orders for packing/processing (Wage Orders 8 and 13) and agricultural employees (Wage Order 14) state that if an employee is required to report for ...
Cal/OSHA Encourages Employers to Protect Workers from Unhealthy Air Quality due to Wildfire Smoke
Cal/OSHA prompts all employers to take the necessary steps to protect workers from harmful exposure to unhealthy air quality due to wildfire smoke. As previously reported in Spotlight, the Office of Administrative Law approved the Protection from Wildfire Smoke regulation, which requires California employers to protect their employees from possible harm created by wildfire smoke. ...
CDFA Hosts Informational Webpage on Wildfire Recovery Resources for Farmers and Ranchers
California is only halfway through its fire season, yet the fires the state has been plagued with over the past month have ruined thousands of acres of land and caused many evacuations. Recently, Governor Gavin Newsom announced the launch of RESPONSE.CA.GOV, a state website supplying Californians, who have been impacted by wildfires and utility-directed power ...
Employers Should Prepare Now for Higher Minimum Wage and H-2A Rates in 2020
Employers in every Western Growers-represented state should begin preparing now to pay higher minimum wage and H-2A wage rates beginning next year. California On January 1, 2020, the California minimum wage is set to increase to $13.00 per hour, up from $12 per hour, for employers with 26 or more employees. The rate will rise ...
DOL Publishes H-2A Adverse Effect Wage Rates for 2020
Today the U.S. Department of Labor published in the Federal Register the 2020 Adverse Effect Wage Rates. These rates will go into effect on January 2nd, 2020. As anticipated, there are Steep increases in many states and regions for 2020, including the Western Growers states, as follows: State 2020 AEWR 2019 AEWR Increase Arizona $12.91 ...
Court Blocks California Arbitration Ban
AB 51, barring mandatory arbitration agreements in employment, won’t go into effect in January after a federal judge granted a temporary restraining order (TRO) in a lawsuit alleging the law is preempted by the Federal Arbitration Act (FAA). U.S. District Judge Kimberly Mueller wrote in her order that the lawsuit filed against the State of California by ...
Court Exempts Independent Truck Drivers from AB 5
A U.S. District Court has issued a temporary restraining order (TRO) blocking the state from applying AB 5, California’s new independent contractor law, to independent truck drivers. The case filed by the California Trucking Association (CTA) contends that AB 5, the bill that codified and expanded the “ABC test” adopted by the California Supreme Court ...
DOL Rolls Back Obama Joint Employer Rule
On January 12, 2020, the U.S. Department of Labor published its Final Rule that would roll back the expansive interpretation of the joint employer test under the Fair Labor Standards Act promulgated four years ago by then-Wage and Hour Division Administrator David Weil. Under the Obama Administration’s interpretation, the “economic realities” of a business’s relationship ...
Post Your OSHA Form 300A Summary
Employers with 11 or more employees are required to post their 2019 OSHA Form 300A Summary of Work-Related Injuries and Illnesses from February 1 to April 30 of the year following the year covered by the summary. The 300A Summary or an equivalent must be completed even if there were no work-related injuries or illnesses ...
COVID-19: Employer Guidance and Resources
Employers are responding to the COVID-19 (coronavirus) outbreak in a variety of ways. There is no one correct way to respond, and there is no one-size-fits-all policy that must be implemented. However, there is no doubt that given the rapid spread of the outbreak in the United States and globally, employers must now take steps ...
Update on H-2A Processing in U.S. Consulates in Mexico
The U.S. Department of State has announced that beginning Wednesday, March 18th, the U.S. Embassy in Mexico City and all U.S. consulates in Mexico will suspend routine immigrant and non-immigrant visa services. This includes both visa interviews at the consulate and processing at the Centros de Atención a Solicitantes, which impacts H-2A visa applications. Since ...
Families First Coronavirus Response Act Goes into Effect April 1
The Families First Coronavirus Response Act (H.R. 6201) was passed rapidly by the House and Senate, and signed into law by President Trump on March 18, 2020. The Act contains an unprecedented response by the federal government to the national health emergency by mandating paid sick time and paid family medical leave to employees impacted ...
Calif. DFEH Releases Guidance on COVID-19 Workplace Concerns
Earlier this week, the California Department of Fair Employment and Housing (DFEH) released guidance in the form of answers to Frequently Asked Questions in response to the COVID-19 pandemic. The FAQ’s provide guidance related to numerous COVID-19 workplace concerns, including: Whether employers may take employees’ temperatures (yes, for the limited purpose of evaluating the risk that…
DOL Gives H-2A Users Much Needed Flexibility on Coronavirus Contingencies
On April 1, the U.S. Department of Labor announced it would temporarily ease some of the rigid requirements of the H-2A program as employers grapple with the tough real-world issues that have been foisted upon them by the coronavirus pandemic. This temporary easing of some H-2A requirements is outlined in the Office of Foreign Labor ...
DOL Confirms H-2A Employers May Utilize Alternative Housing to Promote Social Distancing Under Certain Conditions
On April 9, 2020, the Department of Labor’s Office of Foreign Labor Certification, issued a Third Round of FAQ’s. It contains only two questions, only the second of which is applicable to agricultural employers. The FAQ’s answer the question as to whether an H-2A employer can use alternative housing that was not initially disclosed ...
CalSavers Extends Enrollment Deadline to September 30, 2020
On April 15, 2020, the CalSavers Board voted to postpone the enrollment deadline for employers with 100+ employees to September 30, 2020. The original deadline was June 30, 2020. The move does not change existing deadlines for 2021 or 2022. Employers with more than 50 employees have until June 30, 2021, and employers with at least ...
DHS to Temporarily Amend Certain H-2A Requirements During COVID-19 Crisis
The Department of Homeland Security (DHS), with the support of the U.S. Department of Agriculture (USDA), has announced a temporary final rule to change certain H-2A requirements. The rule allows farmers to immediately employ workers already in the country without waiting for approval from USCIS. It also allows workers to stay beyond the three-year maximum ...