Posts By: Jason Resnick
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Cal/OSHA Proposes Emergency Temporary Standard Changes
Today, Cal/OSHA posted an amendment to the Emergency Temporary Standard regulation on COVID-19 (ETS). The “readoption” draft will be considered and likely approved by the Cal/OSHA Standards Board when it meets on May 20, 2021. Of note, this language now recognizes COVID-19 vaccinations as a mitigating factor in how employers manage health and safety in ...
California Department of Public Health Updated COVID-19 Guidelines
With a growing number of employees passing the fully vaccinated threshold, government regulators are actively reevaluating current health and safety standards. In keeping with the Center for Disease Control’s (CDC) recently updated health and safety restrictions, the California Department of Public Health (CDPH) has eased quarantine restrictions for fully vaccinated asymptomatic employees in…
Court Hears Arguments in Coachella Hero Pay Lawsuit
On May 14, 2021, a federal judge heard arguments in Western Growers’ lawsuit challenging the City of Coachella’s so-called “hero pay” ordinance requiring agricultural employers to pay workers an additional $4 per hour for at least 120 days. The lawsuit filed by Western Growers, California Fresh Fruit Association and Growing Coachella Valley seeks a preliminary ...
Cal/OSHA Recommends Even Vaccinated Workers Wear Masks Indoors
Cal/OSHA is now urging all workers to wear face coverings indoors regardless of their vaccination status. The guidance comes in response to an uptick in state COVID-19 cases and hospitalizations. Cal/OSHA is aligning its guidance with California’s Department of Public Health, which updated its masking guidance last month in light of rising cases and plateauing ...
Clear the Exits! Locked or Blocked Emergency Exits Can Cost You
Emergency exits that are blocked (e.g., by boxes, stored items) or locked is a serious safety violation and can result in very costly fines and penalties. Case in point: Dollar Tree got slapped with a $129,000 fine by OSHA for having locked its emergency doors at a Texas store during working hours. Dollar Tree has ...
Court Reinstates California Ban on Most Mandatory Arbitration Agreements
The Ninth Circuit Court of Appeals recently ruled that California’s Assembly Bill 51, which would make it unlawful for California employers to require applicants and employees to sign arbitration agreements as a condition of employment, is not preempted by the Federal Aviation Act (FAA). The court lifted a lower court’s injunction that has barred the law from taking…
2021 COVID-19 Supplemental Paid Sick Leave Expires on Sept. 30, 2021
From January 1, 2021 to September 30, 2021, California requires employers with 26 or more employees to provide their workers up to 80 hours of supplemental paid sick leave (SPSL) for COVID-19 related reasons. Employers must provide this paid time off for employees who need to stay home due to COVID-19 illness or exposure, caring ...
Permanent COVID Standard in the Works
Cal/OSHA’s Division of Occupational Safety and Health has announced it intends to work on a permanent version of the COVID Emergency Temporary Standard (ETS). DOSH representatives met with its Advisory Committee to take comments on the proposal. DOSH wants the existing ETS, which is set to expire on January 14, 2022, to be readopted in ...
Recording of ‘Pack Your PACA Punch!’ Webinar Now Available
As part of the Western Growers Ag Legal Issues Webinar Series, a recording of “Pack Your PACA Punch!”, hosted by Rynn & Janowsky LLP’s June Monroe, is now available. The webinar empowers sales and accounting teams with the most up-to-date information about the PACA Trust, including how to maintain and maximize your PACA Trust rights ...
DHS Says No More ICE Raids
Homeland Security Secretary Alejandro Mayorkas has ordered Immigration and Customs Enforcement to stop conducting workplace raids to arrest immigrants lacking work authorization. The problem lies with “exploitative employers,” not unauthorized workers problem, Mayorkas said in a October 12 memorandum. “Under the…
WG Leaders to Speak About Farmworker Trends, Agtech at CFVGA Produce Labor Conference
On December 1, 2021, the Colorado Fruit and Vegetable Growers Association (CFVGA) will be hosting its Produce Labor Conference to provide guidance on ag labor recruiting and retention in Colorado. The in-person conference will feature breakout sessions designed to help Colorado fruit and vegetable growers understand the current conditions with regulatory impacts; learn updates on ...
DOL Introduces New FLC and FLCE Registration Forms
The U.S. Department of Labor’s Wage and Hour Division (WHD) has replaced the old WH-530 form by publishing three new forms that Farm Labor Contractors (FLCs) and some of their employees (FLCEs) will use to apply for initial or renewal FLC or FLCE Certificates of Registration, or to amend an existing Certificate of Registration. Those ...
OSHA Rolls Out COVID-19 Vaccine and Testing ETS for Large Employers
The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) imposing strict requirements on large employers (those with 100 or more employees) to comply with President Joe Biden’s COVID-19 vaccine mandate or face stiff fines. Large employers will have until Jan. 4, 2022, to ensure that employees are either fully vaccinated or ...
Western Growers Members Prevail in Arbitration Agreement Appeal
Elkhorn Packing Co. is a farm labor contractor for California-based vegetable grower D’Arrigo Brothers, Co., both Western Growers members. Elkhorn employee Martinez-Gonzalez signed employment paperwork that included arbitration agreements as part of Elkhorn’s new hire orientation process. Martinez-Gonzalez sued Elkhorn and D’Arrigo Brothers in federal court alleging violations…
2022 H-2A Adverse Effect Wage Rates Announced
On December 1, 2021, the U.S. Department of Labor (DOL) published the 2022 Adverse Effect Wage Rates (AEWRs). The AEWRs are the mandatory minimum wages agricultural employers must pay workers employed under the H-2A Temporary Agricultural Worker Visa program as well as any domestic workers employed in corresponding employment. The AEWRs are…
DOL Proposes New Rules on AEWR Methodology
On December 1, 2021, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) in the Federal Register designed to modify the methodology used to determine the hourly Adverse Effect Wage Rates for the H-2A program. The proposed rule, entitled “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A,” is the ...
2022 H-2A Wage Rates Effective December 29
On December 15, 2021, the Employment Training Administration (ETA) of the Department of Labor (DOL) issued its notice to announce the 2022 Adverse Effect Wage Rates (AEWR) for the employment of temporary and seasonal workers under the H-2A program. Employers must pay their H-2A workers and workers in corresponding employment at least the highest of: ...
Key Changes of Readopted Cal/OSHA ETS
On December 16, 2021, the Cal/OSHA Standards Board approved a revision and extension of the COVID-19 Emergency Temporary Standard (ETS). Incorporated in the approved revisions are some rather significant changes employers should be aware of. Amongst the changes, some significant modifications to COVID-19 prevention and response requirements for the workplace include: Face Coverings…
U.S. Supreme Court to Hear PAGA Challenge
The United States Supreme Court has granted review in a case in which the Justices will decide whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act (PAGA). In the case, Viking River…
401(k) Limits Updated for 2022
2022 contribution limit for 401(k) plans will increase to $20,500. Employees 50 and older can make an annual catch-up contribution up to $6,500 in 2022 (same as 2021), for a total contribution of $27,000. There are many benefits for employers that offer a 401(k) plan. It can give employers an edge when it comes to ...