Posts By: Jason Resnick
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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 ...
Ag Workers and the COVID Vaccine: Moving Closer to a Post-Pandemic World
By Jason Resnick, Senior Vice President and General Counsel It has been more than a year since our lives were first upended by the coronavirus pandemic. The flood of information about the virus, the ever-rising case and death counts, and constantly changing legal guidance has exacerbated the challenge for all employers—especially in food and agriculture ...
AB 2183: What Can Farmers Expect in 2023 Webinar
Join us April 5th at 10am for the AB 2183: What Farmers Can Expect in 2023 Webinar. Ventura County Agricultural Association's Rob Roy and Western Growers' Jason Resnick will guide association members through understanding the implications of the AB 2183 amendment to the California Agricultural Labor Relations Act (ALRA). This webinar will include: Do's and don'ts for employers in a card…
Fed OSHA Withdraws Vaccine-or Test Mandate for Large Employers
The Federal Occupational Safety and Health Administration (OSHA) announced that it is withdrawing the Biden administration’s temporary COVID-19 vaccine-or-test requirement for large employers. The decision was made in light of the Supreme Court’s decision blocking the rule. OSHA’S emergency temporary standard (ETS), issued Nov. 5, compelled companies with more than 100 workers to…
New 2021 Meal Charges and Reimbursement Rates
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 workers, which will be officially published in the Federal Register on March 10. H-2A employers must offer and provide each H-2A worker three meals per day or provide the workers free and convenient cooking facilities.…
2021 COVID-19 Supplemental Paid Sick Leave FAQs Now Available
Under SB 95, employers with 25 or more employees will now be required to begin providing supplemental paid sick leave. To help employers and workers be aware of and comply with changes in the law regarding supplemental paid sick leave during the COVID-19 pandemic, the California Department of Industrial Relations has published a 2021 COVID-19 ...
Cal/OSHA Emergency Temporary Standard: Model Covid-19 Prevention Program and Model Notices
On November 30, 2020, the California Department of Industrial Relations’ (DIR) Office of Administrative Law approved a new Cal/OSHA Emergency Temporary Standard (ETS) regarding COVID-19. The ETS became effective immediately and applies, with limited exception, to all California employers. Those exempt from ETS compliance are: 1) single-employee employers who do not have contact with others;…
USCIS Announces Changes to Visa Petition Fees
On August 3, 2020, the United States Citizenship and Immigration Services (USCIS) issued a Final Rule, which will impact the filing fees for many petitions, including H-2A petitions. Though the standard fee to file for any number of unnamed H-2A workers will decrease, the Rule includes dramatic fee increases for petitions that extend the stay ...