A challenge brought by agricultural employers against the Biden Administration’s 2022 H-2A Final Rule has been rejected. The National Council of Agricultural Employers (NCAE) argued that the department had unlawfully withdrawn the previous administration's rule, which had been published online just nine days before President Joe Biden took office. However, U.S. District Judge Rudolph Contreras…
On January 31, 2024, the United States Citizenship and Immigration Services (USCIS) issued a Final Rule, which will impact the filing fees for many petitions, including H-2A petitions. Fees to file petitions will go up dramatically. The new fees will be effective April 1, 2024. Under the Final Rule, for employers with 26 or more full time employees, the filing fee for unnamed H–2A workers…
Do you have a plan in place for transferring your business and its assets to the next generation? We can help get you started. Join us, February 14 at 11 a.m., for the next installment of the Legal Updates Webinar Series on Succession Planning in the Agriculture Industry. Experts from JRG Attorneys at Law will walk you through: Options for transferring the agricultural business and the…
Substance abuse disorders can have serious consequences for both employees and employers. Employees who struggle with alcohol or other drug misuse may face health problems, reduced productivity, increased absenteeism, and higher risk of accidents. Employers may incur higher costs for health care, disability, and turnover, as well as potential legal liabilities. To address this issue, the U.S.…
In a landmark decision on January 18, the California Supreme Court ruled that trial courts lack the inherent authority to dismiss claims under the state's Private Attorneys General Act (PAGA) simply because they are deemed unmanageable. The ruling is a significant setback for business owners and corporations who had hoped for a decision that would curtail the numerous PAGA claims filed…
Last week, an agricultural employer in Fallbrook, California, received a Majority Support Petition (MSP) from the United Farm Workers (UFW). The UFW has now been certified as the collective bargaining representative of the agricultural employees of Olive Hill Greenhouses, Inc. This is the second successful filing of a Majority Support Petition under the ALRB’s new “card check law” (AB…
On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of a final rule, which revises the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This new regulation overturns the 2021 rule and introduces a six-factor test to determine the nature of the worker-employer relationship based on "economic…
The U.S. Department of State has announced new categories of nonimmigrant visa applicants who can waive the in-person interview requirement. Starting from January 1, 2024, first time H-2 visa applicants and other nonimmigrant visa applicants who have previously received a nonimmigrant visa in any classification (except B visa) can apply for an interview waiver if they meet certain legal and…
In the ever-evolving realm of agriculture, one cannot help but be reminded of the Chinese proverb: "May you live in interesting times." These are, indeed, interesting times for the agricultural industry, where the intersection of labor organizing, technological innovation and legislative changes paints a complex and intriguing picture. As we bask in the glow of the "Hot Labor Summer," a…
The U.S. Department of Labor has recently published its notice announcing the updated Adverse Effect Wage Rates (AEWRs) that will be effective from January 1, 2024. The AEWR is the minimum hourly wage rate that the DOL has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment to prevent adverse effects on the wages and working conditions of…
As of January 1, 2024, significant amendments to California's Paid Sick Leave Law will come into effect, impacting employers and employees across the state. The Department of Industrial Relations (DIR) has released a comprehensive FAQ regarding the amendments to the state's Paid Sick Leave Law, also known as the Healthy Workplaces, Healthy Families Act. Main Changes and Implementation…
The U.S. Department of Agriculture will host a webinar on December 21st at 12:00 PM PT to announce the Know Your Rights and Resources (KYRR) Partner for the Farm Labor Stabilization and Protection (FLSP) Pilot Program. The U.S. Department of Agriculture (USDA) is making up to $65,000,000 available in grant funding for agricultural employers via the Farm Labor Stabilization and Protection…
Western Growers filed an amicus brief in the United States District Court, Western District of New York, in New York State Vegetable Growers Association, Inc. v. Hochul. The New York State Vegetable Growers Association (“NYSVGA”) and five family-owned farms filed the lawsuit, challenging the Farm Laborers Fair Labor Practices Act (“FLFLPA” or the “Act”) which amended the State…
In a significant case involving the H-2A visa program, a California appellate court ruled that an arbitration agreement in the H-2A job order was unlawful and unenforceable because it was not disclosed prior to the employee arriving to the employer’s facilities in the U.S. Under the H-2A visa program, employers must disclose all employment terms in the H-2A job order, including material…
Last week, the U.S. Department of Agriculture released data from its annual farm wages report. USDA’s Farm Labor Survey is used to calculate the 2024 Adverse Effect Wage Rate (AEWR), which determines the minimum wages for H-2A workers in each state. California employers can expect to see the AEWR increase from $18.65 per hour to $19.75 per hour, a 5.9% bump over the 2023 AEWR. The hourly rate…
As previously discussed, Western Growers has actively engaged in advocacy efforts by submitting comments on three proposed rules by Department of Labor, Department of Homeland Security and OSHA, respectively. Each proposed rule has profound implications for the specialty crop industry. Below is a summary of, and link to, each comment letter submitted. Department of Labor (DOL) – Comments re…
The California Agricultural Labor Relations Board has certified the first majority support petition (card check) filed by the UFW at DMB Packing, a tomato operation in Newman, CA. The certification, however, is not without controversy. However, the slimmest majority, barely 51% of the company's 297 workers, allegedly voted in favor of union representation. The law firm of Barsamian &…
Beginning Nov. 1, 2023, H-2A employers and agents will be required to file Form I-129 petitions (petition for nonimmigrant visas) with the Texas Service Center (TSC). Previously, H-2A Form I-129 petitions were filed at the California Service Center (CSC) in Laguna Niguel, located in Orange County, California. In addition to H-2A petitions, H-2B-related Form I-129 petitions as well as several…
Governor Newsom recently signed SB 525, a law set to bring significant changes to the health care industry in California. The law, effective from June 1, 2024, introduces a higher minimum wage for a wide range of health care employees and grants them the right to enforce these wage requirements through legal action. SB 525 casts a wide net, encompassing various health care employees and…
The Ninth Circuit recently held that when an employer conducts a temporary layoff with no specific return date in the normal pay period, the temporary layoff is a "discharge" under the prompt payment provisions of the California Labor Code, requiring the employer to pay all earned and unpaid wages.[1] The decision has significant implications for California employers. As the pandemic hit in…