Posts By: Jason Resnick
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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 ...
2022 Mileage Reimbursement Rates
Effective Jan. 1, 2022, the optional standard mileage rate used in deducting the costs of operating an automobile for business purposes will be 58.5 cents per mile, the IRS announced in Notice 2022-03 on Dec. 17. Employers often use the standard mileage rate—also called the safe harbor rate—to pay tax-free reimbursements to employees who use ...
New COVID Vaccine Requirements for H-2A Workers
Beginning on January 22, 2022, the Department of Homeland Security (DHS) will require non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide related proof of vaccination, as COVID-19 cases continue to rise nationwide. These new…
Cal/OSHA Standards Board Pumps Breaks on ETS Revisions
On May 20, 2021, the Cal/OSHA Standards Board (Board) convened a public meeting to review proposed revisions to the November 2020 Emergency Temporary Standards (“ETS”) on COVID-19 Safety in the workplace. It was anticipated that the rules would be readopted with the revisions and sent to the Office of Administrative Law for an abbreviated five-day ...
Welcome to the New Western Growers Legal Insights Newsletter
Western Growers publishes an array of quality content to keep members informed. Whether it’s the timely twice-weekly newsletter, Spotlight; hot-off-the-press Special Spotlight; the bi-monthly deep dives in the Western Grower & Shipper Magazine; practical tips for produce sellers in Produce Insights; financial markets news nuggets in the WGFS Insights; or our industry interest stories on…
Produce Shippers: Beware of CATs in Ohio and elsewhere
Recently, the state of Ohio Department of Taxation has been ramping up notices sent to companies selling produce in Ohio encouraging compliance with the Commercial Activity Tax (CAT). The tax is not new. We covered it here in 2015. At that time, the state’s tax on out of state shippers was vindicated by the Ohio ...
Cal/OSHA Standards Board Publishes New, More Cautious ETS Revisions
While California Governor Gavin Newsom has said that many coronavirus restrictions will be lifted on June 15, the California Occupational Safety & Health Standards Board (Board) appears to be bowing to pressure by organized labor to keep face masks and social distancing requirements in place in many settings until early next year. The proposed changes ...
California to End Universal Mask Mandate
California will let its statewide indoor mask mandate expire on Feb. 15, according to a statement by the California Department of Health, effective Feb. 16, only unvaccinated individuals will still be required to wear masks in indoor public settings. Local jurisdictions can continue to impose indoor masking requirements, and some cities including Los Angeles and ...
Cal/OSHA Standards Board First Rejects, Then Readopts Cal/OSHA COVID-19 Emergency Temporary Standards
As reported here, the California Occupational Safety & Health Standards Board (Board) met on June 3, 2021, to hear testimony and to vote on Cal/OSHA’s revised COVID-19 Prevention Emergency Temporary Standards (ETS). After approximately six hours of testimony, the Board initially rejected the revised ETS, with some members expressing doubts about the quality of the ...
Farmworker’s Daughter Nominated to State Supreme Court
Gov. Gavin Newsom has selected 4th District Court of Appeal Justice Patricia Guerrero to replace Justice Mariano-Florentino Cuellar on the California Supreme Court. Guerrero formerly served as an Assistant U.S. Attorney and was a partner at Latham & Watkins. According to the Daily Journal, Guerrero is the daughter of Mexican immigrants. She grew up in ...
Third Time’s Not A Charm: Original ETS Remains in Place as Cal/OSHA Standards Board Reverses Itself… AGAIN
In the ongoing saga surrounding the Cal/OSHA COVID Emergency Temporary Standards (ETS), the Cal/OSHA Standards Board called a special emergency meeting on June 9th to discuss potential new ETS rules. The Board stated that its purpose was for the Board to consider new information from the California Department of Public Health on pending guidance regarding ...
New 2022 Meal Charge and Reimbursement Rates for H-2A Workers
The U.S. Department of Labor’s Employment and Training Administration has announced the allowable meal charges and reimbursement for travel subsistence for H-2A and H-2B workers (“H-2 workers”), which was published in the Federal Register on February 23, 2022. The new rates are effective immediately on Feb. 23. 2022. Allowable Meal Charge H-2 employers must offer and…
Excessive Heat Warnings in California this Week; Protect Workers from Heat Illness
The temperature is forecasted to exceed 100 degrees throughout California this week, and we urge all employers to take extra steps to protect outdoor workers from heat illness. This includes providing outdoor workers fresh water, access to shade and cool-down rest breaks in addition to regular breaks. Cal/OSHA asks that employers with outdoor workers take ...