Posts By: Jason Resnick
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Colorado Ag Groups File Suit Against Worksite Access Provisions in SB21-087
Colorado agriculture groups, including Western Growers’ strategic partner, Colorado Fruit & Vegetable Growers Association, last week filed a lawsuit on behalf of farmers and ranchers who claim the provision granting access to key service providers in SB21-087 (Ag Labor Rights & Responsibilities Act) could adversely affect their operations and is not constitutional. The suit was ...
SCOTUS Denies Review of Truckers’ AB 5 Appeal
The U.S. Supreme Court on Thursday declined to review the appeal of the California Trucking Association’s (CTA’s) challenge to California’s independent contractor law, AB 5. Now that the petition for certiorari (review) has been denied, an order to lift the preliminary injunction which has been in place for 2 ½ years preventing the enforcement of ...
Labor Commissioner Sends Warning Letter to All FLCs
The California Labor Commissioner recently sent a letter to all California-licensed farm labor contractors advising that the Department of Industrial Relations has received multiple complaints regarding FLCs failing to comply with California’s 2022 Supplemental Paid Sick Leave law (“2022 SPSL”). According to the letter, employees are being told they must work a minimum length of ...
USCIS’ Pandemic Signature Policy is Now Permanent
On July 25, 2022, USCIS announced that it will continue accepting copies of original signatures on all forms and documents. This makes permanent the temporary signature policy that USCIS announced in March 2020 in response to the COVID-19 pandemic. This impacts H-2A and H-2A users, and anyone who submits forms to USCIS. USCIS will accept copies of original signatures…
ALRB Assesses Civil Penalties for Willful Misclassification of Workers
On July 28th, the Agricultural Labor Relations Board (ALRB) issued a decision that, for the first time, assesses civil penalties against an employer that fired a group of farmworkers it misclassified as independent contractors. In 2017, Marisol Jimenez, a farmworker employed with Cinagro Farms, filed a complaint with the ALRB alleging that his work crew ...
California Supreme Court to Review PAGA in light of Viking River
As we previously reported, the United States Supreme Court in Viking River Cruises, Inc. v. Moriana, delivered a victory for California employers, albeit one that may be short lived. The high court held that employers can compel arbitration of a plaintiff’s “individual claim” under the Private Attorneys General Act of 2004 (PAGA), resulting in the remaining “collective…
CDC Loosens its COVID-19 Guidance
On August 11th, the Center for Disease Control (CDC) relaxed its Covid-19 recommendations, which rescinds and alters a number of key recommendations, including treating unvaccinated and vaccinated people differently for many purposes, explicitly stating that people with previous infection have protection against severe illness, and dropping six-foot social distancing standard. The shift in…
NLRB Proposes New Rule to Define Joint-Employer Status More Broadly
On Sept. 7, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking that would change the standard for when two employers who do business together are considered to be joint employers and thus liable for the other’s unfair labor practices. The proposed rule would replace a 2020 NLRB rule that deemed an ...
Cal/OSHA Standards Board to Extend COVID-19 Regulations
The Cal/OSHA Standards Board is looking to extend its COVID-19 regulation once again. Cal/OSHA’s COVID-19 Emergency Temporary Standard (ETS), which was first adopted November 2020, is set to expire after December 31, 2022. The Cal/OSHA Standards Board has now published, and is expected to enact, a semi-permanent rule that would replace the ETS. It is scheduled to ...
California Supreme Court Denies Review of an Appeal of Appellate Court Ruling That Bees are “Fish”
The California Supreme Court has denied a review of an appeal of a California Court of Appeal ruling from this summer that bumblebees are eligible for protection as threatened or endangered “fish” under the California Endangered Species Act (CESA). The decision could complicate ongoing efforts to manage farmland to protect wildlife and feed the nation ...
California Supplemental Paid Sick Leave Extended To Dec. 31, 2022
Correction: A previous version of this article erroneously stated in the title that SPSL was extended through 2023. AB 152 extends SPSL through Dec. 31, 2022. Governor Gavin Newsom has signed AB 152 extending COVID-19 supplemental paid sick leave (SPSL) through the end of 2022. The bill will also provide relief to small businesses ...
Arizona’s Minimum Wage to Rise in 2023
Arizona’s minimum wage will rise to $13.85 an hour, up from $12.80 an hour, starting Jan. 1, 2023. Annual increases are mandated by Proposition 206, which Arizonans approved in 2016. That ballot measure steadily bumped up the minimum wage from $8.05 an hour in 2016 to $12 an hour by Jan. 1, 2020. The state’s ...
Save the Date for the ‘Get Ready for AB 2183 – Union Card Check’ Webinar Scheduled for Dec. 7
Join the upcoming Legal webinar on Dec. 7, 2022 from 10 a.m. to 12 p.m. PT to learn more and prepare for the upcoming AB 2183 bill, scheduled to take effect in January 2023. The webinar, “Get Ready for AB 2183 – Union Card Check,” will go over the difference between the new “Labor Peace Election” ...
FAQ: Immigration Executive Actions
On November 20, 2014, President Obama announced several executive actions on immigration. Under the plan, an estimated four to five million undocumented immigrants will likely qualify for temporary relief from the threat of removal, and be eligible to receive employment authorization. The president’s decision to bypass Congress has infuriated many Republicans with some vowing…
U.S. Supreme Court Rules on Unpaid Security Checks
In December, the United States Supreme Court addressed whether employees are “working” while waiting to undergo mandatory, end-of-shift security checks. The Court unanimously held that the time spent by warehouse workers waiting for and undergoing security screenings before leaving for the day is not compensable under federal law. The decision in Busk v. Integrity…
HR Spring Cleaning—Easy as 1, 2, 3
With spring’s promise of renewal and rejuvenation, it’s the perfect time to embark on the annual ritual of spring cleaning. That usually means cleaning oft-neglected items such as windows and carpets, dusting those hard-to-reach places and removing excess clutter from the home. But for the human resources professional, spring is an ideal time to clean ...
Get Ready for Changes to California’s Heat Illness Prevention Regulation
On February 20, 2015, the California Occupational Safety and Health Standards Board adopted an amendment to the state Heat Illness Prevention (HIP) regulation, changing the requirements for potable water, shade, cool-down periods, high-heat procedures, emergency preparedness, acclimatization, training, and HIP plans. The board is seeking a May 1 effective date from the Office of…
California Family Rights Act Amendments Effective July 1
New amendments to the California Family Rights Act (CFRA) have been promulgated with the purpose of more closely aligning the CFRA with the federal Family Medical Leave Act (FMLA) and providing much needed clarification. The new regulations will take effect on July 1, 2015. Key Changes The amendments are voluminous, but here is a list ...
Industry Challenges Piece-Rate Compensation Decisions
In the summer of 2013, after the California Supreme Court declined to review the Appellate Court decisions in Gonzalez v. Downtown L.A. Motors and Bluford v. Safeway Stores—the two key cases that declared that piece rate employees must be separately paid for non-productive time and break periods—the flood gates have opened. Over the past two ...
DOL Says Most Independent Contractors Are Employees
In recent years, the U.S. Department of Labor, the Internal Revenue Service and their state agency counterparts, have been cracking down on independent contractor misclassification – that is, classifying workers as independent contractors rather than employees. Employers sometimes elect to classify certain workers as contractors because contractors are believed to be cheaper than employees…