Posts By: Jason Resnick
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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…
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 ...