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DHS Extends COVID-19 Vaccination Requirements for H-2A Workers and other Non-U.S. Travelers
On April 21, 2022, DHS announced it will extend requirements and continue to require non-U.S. travelers entering 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 against COVID-19 and provide related proof of vaccination upon request. These requirements will continue to apply to ...
Recording of CA Private Attorneys General Act Webinar Now Available
Western Growers hosted an education session on “Overview and Understanding of the California Private Attorneys General Act (PAGA)” yesterday, where attorney and employment law expert Jim Gumberg provided an in-depth overview of the statute. PAGA claims are the “New Normal” in California. PAGA authorizes “aggrieved employees” to act as private attorneys general and file lawsuits…
Best Practices: Part 1, Screening H-2A Applicants in the U.S.
The current AEWR is different from one state to another. For example, in California, the current wage offered for H-2A workers is $17.51 and in states like Alabama or South Carolina it’s $11.99. This disparity in wage rates can result in H-2A workers seeking better options, applying for a job directly with H-2A employers offering ...
Cal/OSHA Updates Model Template for COVID-19 Prevention Plan
The revised Cal/OSHA model written COVID prevention plan replaces the original iteration and mirrors the requirements of the amended COVID-19 emergency temporary standards. Cal/OSHA states that the template plan is merely a suggestion and circumstances may warrant additional information to address the employer’s specific conditions. While employers are free to use their own prevention plan,…
WHD: H-2A Meal Waivers Are Out of Control
H-2A employers must offer and provide each H-2A worker three meals per day or provide the workers free and convenient cooking facilities. If an employer elects to provide the meals to the H-2A workers, it must provide three meals per day to each employee living in employer housing per day, every day, including Sundays. Employers ...
Best Practices Part 2, Transfer of H-2A Workers
As discussed in our previous newsletter “Best Practices: Part 1, Screening H-2A Applicants in the U.S.”, H-2A workers currently working in the U.S. may be seeking better options and start applying for a job directly to H-2A employers with higher AEWR. As an H-2A employer, you may wonder if it’s possible to petition for them ...
Natalie Palugyai Nominated as California Labor Secretary
Governor Gavin Newsom announced the appointment of Natalie Palugyai as Secretary of California’s Labor and Workforce Development Agency (LWDA). A daughter of immigrants and an immigrant herself, she is the first Latina to be appointed Secretary of Labor. Palugyai comes from Johns Hopkins University, where she has served as senior advisor for strategic initiatives since ...
California Wildfire Preparation for Agricultural Workers
As wildfires continue to run rampant in California, numerous state agencies are on-hand to support employers in implementing enhanced workplace safety measures. It is important to remember that wildfire smoke and subsequent cleanup efforts present unique workplace hazards for agricultural workers. The Employment Development Department recently developed this one-sheet to guide agricultural…
California Supreme Court Rules Missed Meal Break Pay are “Wages”
The California Supreme Court ruled on May 23rd, that premiums paid to employees who are unable to take a full and timely meal or rest period are considered “wages.” California law requires employers to provide daily meal and rest breaks to most unsalaried employees. If an employee is unable to take a full and timely ...
Cal/OSHA Reminds Employers of Wildfire Smoke Standards to Protect Workers
As wildfires continue to rampage throughout California, Cal/OSHA is reminding employers that the state’s protection from wildfire smoke standard requires them to take steps to protect their workers from the resulting unhealthy air. The greatest hazard from workers comes from breathing fine particles in the air – called PM2.5 – which can worsen pre-existing heart ...
CanSino CONVIDECIA Vaccine Approved for H-2A Workers
As we reported here, since January of this year, the Department of Homeland Security (DHS) has required 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…
FLCs Encouraged to Submit Renewal Applications 90 Days Out
According to the Department of Labor, Wage and Hour Division, Farm Labor Contractors are encouraged to submit FLC and FLCE renewal applications 90 days prior to the license expiry date to ensure renewals are processed timely. The agency previously recommended renewals be submitted 45 days out. Applications submitted fewer than 30 days out are considered ...
California Appellate Court Rules Bees are Protected “Fish”
A California Court of Appeal has ruled that bumblebees are eligible for protection as threatened or endangered “fish” under the California Endangered Species Act (CESA). The opinion reversed the trial court’s ruling in favor of Western Growers and six other agricultural groups. The trial court had concluded that the CESA, which extends to fish, mammals, birds, ...
Court of Appeal Rules in Favor of FLC and WG Member Growers in Waiting Time Penalties Case
[Updated: See Editor’s note below] On Thursday, August 12, 2021, the California Court of Appeal issued its opinion in Jamie Zepeda Labor Contracting v. Department of Industrial Relations, Division of Labor Standards Enforcement, a case which had the potential to upset longstanding pay practices in the agricultural industry and expand the ability of the California ...
CDC Issues New Guidance for H-2A Workers
The CDC has released new guidance for H-2A workers about how they may protect themselves from COVID-19. The page also has links to resources related specifically to the COVID-19 vaccination.
Colorado Labor Department Issues Guidance on Ag Labor Rules in Spanish
The Colorado Department of Labor & Employment’s (CDLE) Division of Labor Standards and Statistics has issued interpretive guidance, or “Fact Sheets” on Colorado labor laws and rules, including a summary of the requirements of the Agricultural Labor Rights & Responsibilities Act (ALRRA). These updates can be found under INFO #12 in English, and are now ...
DOL Takes Step Toward New H-2A Wage Rule
According to Bloomberg Law, the U.S. Department of Labor has asked the White House to review a proposed rule that would revise the methodology by which it determines the Adverse Effect Wage Rates (AEWRs) paid to H-2A farmworkers. Last December, a judge blocked the Trump Administration’s attempt to revise the AEWR methodology, agreeing with organized labor groups’ ...
Supreme Court’s PAGA Victory for Employers in Viking River Cruises May Be Short Lived
On June 15, 2022, the U.S. Supreme Court ruled that the California Private Attorneys General Act (PAGA), which allows employees to sue their employer on behalf of the state and seek monetary penalties on behalf of other employees, does not permit them to sidestep arbitration agreements which require such individual actions be brought in an ...
IRS Raises Mileage Rate for Rest of 2022
On June 9, 2022, the Internal Revenue Service issued an announcement, increasing the optional standard mileage rate – used to deduct eligible business trips in a vehicle on tax returns – for the final six months of 2022 from 58.5 cents per mile to 62.5 cents per mile. The new rate will be effective beginning ...
DOL Announces Public Forums on Independent Contractor Regulations
On June 3, the Department of Labor’s Wage and Hour Division announced that it is reviewing regulations addressing the distinction between an employee and an independent contractor under the Fair Labor Standards Act (FLSA). Independent contractors are not guaranteed the federal minimum wage and overtime pay that covered employees receive under the FLSA. DOL published a…