Posts By: Jason Resnick
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Employee Retaliation Claims On the Rise
In 2015, employees filed 39,757 charges of unlawful retaliation, which is 44.5 percent of 89,385 charges of workplace discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC) last year. Retaliation charges increased by nearly 5 percent over the prior year and continues to be the leading concern raised by workers across the country, followed ...
Dark Clouds on the Horizon: Gov. Brown Signs Ag Overtime Bills
On September 12, 2016, Governor Jerry Brown signed into law AB 1066, which will gradually lower the daily and weekly hours of work thresholds for paying overtime to agricultural employees. Currently, agricultural employees are entitled to be paid overtime when working over ten hours in a workday or more than six days in a workweek. ...
California Expands State Equal Pay Law
Last year, Governor Jerry Brown signed the California Fair Pay Act (SB 358) into law, which took effect on January 1, 2016. Legal pundits called it one of the most aggressive gender pay equity laws in the country. One year later, on September 30, 2016, Governor Brown signed the Wage and Equality Act of 2016 ...
Election Brings New Dynamics: California Goes to Pot; Arizona Approves Paid Sick Time
California and Arizona residents with a doctor’s recommendation have legally used marijuana for medical purposes since 1996, respectively. Now voters in California have approved an initiative making it legal to grow, possess or use recreational marijuana. In the just completed election, California, Massachusetts, and Nevada joined Alaska, Colorado, Washington State, and the District of…
New Employment Laws for 2017
On January 1, 2017, a number of new employment laws will take effect in California. These laws will have a significant impact on California employers and companies with operations in the state. Prompt action will need to be taken to ensure compliance, including revising employment policies and practices such as hiring and compensation practices, employee ...
The Evolving Landscape of California Meal and Rest Break Law
Five years after the California Supreme Court in Brinker Restaurant Corp. v. Superior Court clarified standards regarding an employer’s duty to provide meal and rest periods, many employers continue to find these rules challenging to implement in the real world. Moreover, because the Brinker court was applying the law under a statute that until recently ...
New California Employment Laws for 2018
On January 1, 2018, a number of new employment laws will take effect in California. These laws will have a significant impact on California employers and companies with operations in the state. Prompt action will need to be taken to ensure compliance, including revising employment policies and practices such as hiring and compensation practices, employee ...
California Places New Rules on Employer Immigration Enforcement Activities
On January 1, 2018, AB 450, the Immigrant Worker Protection Act went into effect. The law was the California Legislature’s response to an anticipated increase in federal immigration enforcement actions under the Trump administration and was aimed at protecting the roughly 1.75 million undocumented and falsely documented workers in California from possible deportation. The law ...
#TimesUp: Employers Brace for #MeToo Related Litigation, Legislation
What began last October with the Harvey Weinstein scandal, has resulted in a tidal wave of sexual harassment and assault accusations on social media under the hashtag #MeToo, and a public reckoning for dozens of high profile men in Hollywood, broadcast journalism, Fortune 500 companies and beyond. The movement has put sexual harassment and gender ...
New California Employment Laws for 2019
The Democratic-controlled California Legislature was very busy last year, passing over 1,200 bills, more than 1,000 of which were signed into law by the governor. Dozens of employment and labor bill were signed into law, and several of those were instigated by the #MeToo movement. All of the laws summarized below are effective January 1, ...
Attention “Small” Employers: You May Be a “Large” Employer and Not Even Know It
New rules affecting the state minimum wage and the payment of overtime to agricultural workers have one important number in common—26. That is the number by which, for purposes of these laws, you are either a so-called “large” employer and pay a higher minimum wage and overtime after a lower threshold, or you are a ...
Business Email Compromise Schemes on the Rise Don’t let your company be a victim
From: [email protected] To: [email protected] Subject: Wire Transfer Hey Jane, I’m traveling today. We are expanding operations in Mexico and things are moving rapidly. I need you to send a wire transfer ASAP. Wire instructions are below. Thanks for jumping on this! Rob Jane reviews the rest of the email from the company’s CEO and dutifully ...
New California Employment Laws for 2020
It’s that time once again for the annual summary of new California employment laws. The California Legislature was active as ever in 2019. 2,576 bills were introduced of which 1,042 bills made it to Governor Newsom’s desk. Of those, the Governor signed 870 bills and vetoed 172. Notably, Governor Newsom signed a number of bills ...
Legal Advocacy: Western Growers Fighting For You
As a Western Growers member, you belong to a regional association with a national presence that prioritizes advocacy on public policy that directly affects you and your business. Western Growers members are well aware of the tremendous work that WG’s Government Affairs team does on behalf of the specialty crop industry. They work tirelessly before ...
Importer and Exporter Management of Records of Trade Transactions
Companies engaged in international trade face an ever-increasing amount of challenges in their import and export transactions on account of increased tariffs and regulatory scrutiny. Managing trade data on a routine day-to-day basis can be overwhelming and challenging but is a necessary task to assist with company-internal management of trade transactions. Even more important, companies ...
You’re Excused! Force Majeure Clauses May (or May Not) Void a Contract
Most commercial contracts have a force majeure clause. This little-used provision generally allows a party to escape their obligations under the agreement if performance under the agreement is stymied due to an “Act of God” or other unforeseeable event. During the coronavirus pandemic, many produce agreements have been terminated. But the pandemic is not a ...
Ag & the Law: COVID-19 Presents Challenges for H-2A Employers
During this global pandemic, it is often said “the virus doesn’t care…” The virus doesn’t care who you are. The virus doesn’t care where you’re from. The virus doesn’t care if you are a Republican or a Democrat. The virus doesn’t care if you are rich or poor. If you rely on H-2A employees, the ...
The PRO Act: A Goody Bag for Organized Labor
On March 9, 2021, the House of Representatives voted to pass H.R. 842, the Protecting the Right to Organize (PRO) Act on a 225-206 vote (pulling in five Republican votes). The bill includes the most sweeping and expansive changes to labor relations legislation since passage of the National Labor Relations Act (NLRA) of 1935. The ...
Ag & the Law: Shakedown Lawsuits It’s Not A Matter of If Your Company Will Be Sued
By Jason Resnick, Senior Vice President and General Counsel The Private Attorneys General Act of 2003 (PAGA) was enacted into law to address the California Labor and Workforce Development Agency’s (LWDA) inability to keep pace with its obligations to enforce the California Labor Code because of budget cuts, inadequate staffing and a rapidly expanding workforce. ...
Agriculture & the Law: Viking River Cruises and Other Arbitration Case Law Updates
By Jason Resnick, Senior Vice President and General Counsel & Teresa McQueen, Corporate Counsel Several recent cases addressing various aspects of the right to arbitrate issue are making the news. These cases and their impact on the right to arbitrate are outlined below. Viking River Cruises, Inc. v. Moriana (6/15/2022) In an 8-1 ruling, the ...