Posts By: Jason Resnick
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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 ...
CA COVID-19 Supplemental Paid Sick Leave for Food Sector Workers
The CA Labor Commissioner has issued a CA COVID-19 Supplemental Paid Sick Leave for Food Sector Workers poster which must be displayed where workers can easily read it. Executive Order N-51-20 requires employers with 500 or more employees to provide supplemental paid sick leave to food sector workers for specified reasons related to COVID-19. The ...
Face Coverings Mandatory in Monterey County
Beginning today, Thursday, April 30, Monterey County is requiring the public and employees, including agricultural employees, to wear a face covering. Santa Cruz and San Benito Counties have issued similar orders. According to the Order, all essential businesses must require their employees, contractors, owners, and volunteers to wear a face covering at the workplace and ...
Calif. Dept. of Industrial Relations Offers Side by Side Comparison of COVID-19 Paid Leave
The Calif. Department of Industry Relations (DIR) has released a useful side by side comparison of the various state and federal COVID-19 paid leave rules, including CA Paid Family Leave, CA Paid Sick Leave, CA COVID-19 Supplemental Paid Sick Leave for Food Sector Workers, FFCRA Emergency Paid Sick Leave, and FFCRA Emergency Paid Family and ...
EEOC Delays EEO Data Collections Due to COVID-19 Public Health Emergency
On May 7, 2020, the U.S Equal Employment Opportunity Commission (EEOC) announced it will delay the collection of 2019 EEO-1 data because of the COVID-19 public health emergency. The agency anticipates that it will begin collecting 2019 and 2020 EEO-1 data in March 2021. Generally, private-sector employers with 100 or more employees are required to ...
Last Day to Submit the Worker Protection Standard Concerns Brief Survey
Western Growers, on behalf of the U.S. Government Accountability Office (GAO), is requesting your assistance with a brief six question survey regarding the EPA’s Worker Protection Standard (WPS) to provide congressional committees feedback regarding challenges and concerns with the designated representative provision. Please submit survey by May 29, 2020. The GAO a federal agency…
Cal/OSHA Provides Steps to Prevent Heat Illness & Spread of COVID-19 on Farms
In light of the National Weather Service’s excessive heat warnings for high temperatures, Cal/OSHA is reminding all employers with outdoor workers to take the necessary steps to prevent heat illness. California’s heat illness prevention standard applies to all outdoor workers, including those in agriculture. Supervisors and workers must be trained on the signs and symptoms ...
Colorado Implements New Paid Sick Leave Requirements Extending Beyond COVID-19 Issues
In response to the COVID-19 pandemic, Colorado has joined a growing number of states and municipalities in requiring most employers to provide paid sick leave. Although the COVID-19 pandemic was the catalyst for this new legislation, the law is not limited to the current situation, but instead provides broad paid sick leave entitlements. The Healthy Families ...
Cal/OSHA Reminds Employers to Prevent Heat Illness During Period of High Heat in Recent Advisory
Today, Cal/OSHA released an advisory reminding all employers with outdoor workers to review high heat advisories and take steps to prevent heat illness. The National Weather Service has issued heat advisories this week from Monday through Saturday, as a result of high temperatures in various California counties. Cal/ OSHA requires employers with outdoor workers to ...
California Masks and Face Coverings Guidance
Wearing a mask is now required statewide in California when in high-risk situations. Employers are required to provide face coverings for workers or reimburse them for the reasonable costs of obtaining them. The California Department of Public Health has released guidance for the use of face covering. Who needs a mask? Anyone going outside their ...
Tips to Prevent Heat Illness During Period of High Heat
Western Growers encourages all members to review high heat advisories and take steps to prevent heat illness. Cal/OSHA suggests employers with outdoor workers do the following to prevent heat illness: Plan – Develop and implement an effective written heat illness prevention plan that includes emergency response procedures. Training – Train all employees and supervisors on ...
Register Today for WGA’s Legal Updates Webinar
Taking place on Wednesday, September 2, 2020, at 11:00 AM (PDT), Part One of WGA’s Legal Updates multi-part series, moderated by Jason Resnick – VP General Counsel at WGA, will be featuring guests from Dentons Law Firm, who will be discussing their thoughts on Agricultural Trade: Current Climate and Trends: Practical Considerations During COVID-19 and ...
Register for WG’s Legal Updates Webinar Agricultural Trade: Current Climate and Trends Featuring Attorneys from Dentons’ Global Team
Don’t miss Western Growers Legal Updates Webinar Series, moderated by WG’s Vice President and General Counsel, Jason Resnick tomorrow at 11:00 AM (PDT). Attorneys from Dentons’ global team will offer their insights on Agricultural Trade: Current Climate and Trends: Practical Considerations During COVID-19 and Beyond. Western Growers is partnering with members of the Western Growers ...
Employers Must Take Steps to Protect Outdoor Workers from Heat Illness
In light of the National Weather Service’s most recent excessive heat watch alert, Cal/OSHA is reminding all employers to take steps to prevent heat illness during a period of high heat across the state. When the temperature is 95 degrees or more, certain employers must implement effective high-heat procedures like additional monitoring of workers for ...