Posts By: Jason Resnick
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Projected H-2A Wage Rates for 2021
Today, the U.S. Department of Agriculture (USDA) gave a preview of what the 2021 H-2A wage rates will be. USDA released its Farm Labor Survey (FLS), which the Department of Labor (DOL) will use to generate the 2021 Adverse Effect Wage Rates (AEWRs). The DOL’s rule to transition away from the FLS and to freeze ...
The DFEH Pay Data Reporting Portal is Now Open
According to California regulation, private employers with 100 or more employees must file pay data reports with the CA Department of Fair Employment and Housing (DFEH) by March 31, 2021. The portal for employers to file their reports is now available. As previously reported here, SB 973 requires qualified private employers to report detailed pay-related ...
New H-2A Wage Rates Now in Effect
On Feb. 23, 2021, the U.S. Department of Labor published the Adverse Effect Wage Rates (AEWR) for 2021. The new AEWRs go into effect immediately, meaning any H-2A workers or U.S. workers in corresponding employment, get an immediate pay raise. The new wage rates are identical to those projected here: California’s AEWR is now $16.05 ...
New One-Stop COVID-19 Hub for CA Employers
To assist with new challenges in health and the workplace caused by the pandemic, a one-stop hub for California employers to conveniently find up-to-date state and local county COVID-19 guidance is now available. This resource provides employers with tailored roadmaps, guidance relevant to specific industries, online trainings, safety procedures and other helpful resources. Access the ...
California Legislature Approves Extension of COVID-19 Supplemental Paid Sick Leave
On March 19, 2021, California Governor Gavin Newsom approved Senate Bill 95 expanding existing paid sick leave benefits under the Healthy Workplaces, Healthy Families Act of 2014. Existing law provided for COVID-19 paid sick leave until December 31, 2020. The newly passed legislation – applied retroactively to January 1, 2021 – is intended to extend ...
DOL Launches Ag Education Initiative
The U.S. Department of Labor (DOL) has launched a nationwide education, outreach and enforcement initiative to ensure workplace protections for farmworkers. The initiative includes targeted outreach and education efforts to ensure that farmworkers and their advocates understand their rights and that they should contact the DOL’s Wage and Hour Division to file a complaint if ...
DIR Launches Web-based COVID-19 Supplemental Paid Sick Leave Tool
The Department of Industrial Relations and its California Labor Commissioner’s Office recently launched a web-based tool that offers key information on the new 2021 COVID-19 Supplemental Paid Sick Leave law. The web tool is available here: https://www.dir.ca.gov/dlse/covid-psl/ This tool is available in both English and Spanish and provides employers and their workers easy access to ...
Court of Appeals Rules California’s Independent Contractor Law Applies to Truckers
The U.S. Court of Appeals for the Ninth Circuit has overturned an injunction that blocked the application of AB 5, California’s law governing the use of independent contractors (as to independent truckers). The lawsuit was brought by the California Truckers Association (CTA) in December 2019, just before AB 5 went into effect. It persuaded a ...
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 ...