Posts By: Jason Resnick
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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 ...
Best Practices: Screening Foreign H-2A Applicants
It has become increasingly common for H-2A employers to receive unsolicited emails and phone calls from international applicants seeking employment. Such inquires frequently come from Haiti, Turkey, and South America, but can come from any nation. This is the result of the U.S. Department of Labor posting all approved H-2A labor certifications on its SeasonalJobs ...
Cal/OSHA Standards Board Approves Revised COVID-19 ETS; Governor Issues Order to Make New Standard Effective Immediately Upon Submittal of ETS to OAL
On June 17, 2021, the Cal/OSHA Standards Board met to consider new revisions to the COVID-19 Prevention Emergency Temporary Standard (ETS) that incorporate the latest public health guidance. After the Board approved the revised guidelines (ETS 2.0), Governor Gavin Newsom issued an Executive Order declaring ETS 2.0 effective once the revision is filed with the Office of…
Produce Shippers Win California Federal Joint Employment Case
On October 15, 2021, the U.S. District Court for the Central District of California issued a very significant wage and hour decision for the produce industry, ruling in favor of two separate produce marketing companies based in Santa Barbara County, California, Red Blossom Sales, Inc. and Better Produce, Inc. (the “Marketers”). Each Marketer separately sold ...
Santa Maria City Council Repeals H-2A Housing Ordinance
The Santa Maria City Council voted last week to repeal a controversial H-2A ordinance rather than face a $400,000 penalty and potential litigation with the federal government. In June 2019, following 15 months of public debate and comment, the Santa Maria City Council adopted an ordinance regulating H-2A employee housing in residential zoned districts (R-1, ...
Santa Maria Strawberry Workers Go on Strike
Western Growers has also been advised that workers at Santa Maria-based Manzanita Berry Farms stopped work on April 9. The company and the workers reportedly reached an agreement on an increased piece-rate for strawberry production. Then, according to the Santa Maria Times, approximately 50 workers from Acquistapace Farms in Santa Maria stopped working in the ...
U.S. Supreme Court Strikes Down Ag Union Access Rule
In a 6-3 decision, split along ideological lines, the Supreme Court Wednesday struck down as unconstitutional the California Agricultural Labor Relations Board regulation that permits union organizers to enter a farmer’s property to solicit employees about supporting a union. Writing for the majority, Chief Justice John Roberts said that when “the government physically acquires private…
Department of Labor Announces Proposal to Revoke Arizona’s State OSHA Plan
On April 20, 2022, the U.S. Department of Labor (DOL) announced a proposal to reconsider or revoke Arizona’s state OSHA plan. If implemented, it would lead to federal OSHA taking over regulation of private employers in the state. Arizona, California and New Mexico are among the 22 states that have their own OSHA State Plan agencies that regulate private ...
Colorado Governor Signs Sweeping Ag Labor Bill
On June 25, 2021, Colorado Governor Jared Polis signed into law SB21-087, a bill that includes a host of sweeping agriculture labor law reforms. Styled by sponsors Senators Jessie Danielson and Dominick Moreno as establishing an “Agricultural Workers’ Bill of Rights,” the new law provides overtime and meal and rest periods…