The Ninth Circuit recently held that when an employer conducts a temporary layoff with no specific return date in the normal pay period, the temporary layoff is a "discharge" under the prompt payment provisions of the California Labor Code, requiring the employer to pay all earned and unpaid wages.[1] The decision has significant implications for California employers. As the pandemic hit in…
The Colorado Department of Labor and Employment is introducing new Equal Pay Transparency (EPT) Rules to clarify the state's Ensure Equal Pay for Equal Work Act, set to take effect on January 1, 2024. A public hearing for these proposed rules is scheduled for October 30, 2023, with their implementation also planned for January 1, 2024. Here are the key points from the proposed rules: …
The United States Citizenship and Immigration Services (USCIS) has updated the Form I-9 and Form I-129. New Form I-9 (Effective August 1, 2023): Starting on October 31, 2023, the USCIS will implement the use of a new version of Form I-9, dated August 1, 2023. It is essential for all employers to ensure that they are using the correct edition of Form I-9 to avoid potential penalties. The…
On September 27, 2023, the Agricultural Labor Relations Board’s Regulations Subcommittee published a report regarding proposed regulations to implement the amendments to the Agricultural Labor Relations Act enacted by Assembly Bill No. 113, which took effect on May 15, 2023. Specifically, the subcommittee’s report includes proposals designed to implement the new “majority support…
On September 30, 2023, California Governor Newsom signed SB 553, a new workplace violence law. The new law will apply to almost all California employers, with few exceptions. Starting July 1, 2024, covered employers in California are mandated to: Develop and implement a workplace violence prevention plan that meets the law’s specific standards; Maintain a violent incident log to…
The USDA Farm Labor Stabilization and Protection Pilot Program (FLSP) will award up to $65 million in American Rescue Plan Act funding to provide support for agricultural employers in implementing robust labor standards to promote a safe, healthy work environment for both U.S. workers and workers hired from northern Central American countries under the H-2A visa program. The program is funded by…
The USDA Farm Labor Stabilization and Protection Pilot Program (FLSP) will award up to $65 million in American Rescue Plan Act funding to provide support for agricultural employers in implementing robust labor standards to promote a safe, healthy work environment for both U.S. workers and workers hired from northern Central American countries under the H-2A visa program. The program is funded by…
Correction: The previous version of this story misidentified the employer as DiMare Fresh, Inc. The actual employer is DMB Packing Co. dba The DiMare Co. The first “Majority Support Petition” (Card Check) filed under the new law has failed to garner majority support in its initial attempt. The petition was filed by the UFW on behalf of the tomato workers of DMB Packing Co. dba The DiMare…
The Department of Homeland Security (DHS) has unveiled a proposed rule that aims to modernize the H -2A agricultural worker program and the H-2B nonagricultural worker program. The proposed rule, announced on September 18, 2023, is designed to bolster worker protections and streamline various program processes. The announcement follows on the heels of the publication last week by the U.S.…
When Gov. Gavin Newsom signed AB 113 into law on May 15, 2023, AB 2183 was immediately amended, and the new law went into effect. Gone is the “Labor Peace Compact” and the promise of mail-in ballot elections—a Hobson’s choice no employer signed up for. It retains the card check provisions under the new moniker— “Majority Support Petition.” Untouched are the onerous penalties of…
The U.S. Department of Labor is proposing new rules aimed at bolstering protections for H-2A farmworkers, preventing abuses that undermine labor standards, and promoting fair treatment for all agricultural workers. Key provisions of the proposed rule include: Empowering Worker Self-Advocacy: The proposed rule seeks to empower workers by expanding and clarifying existing anti-retaliation…
The California Court of Appeal has handed down a ruling with potential far-reaching implications for employers seeking to enforce arbitration agreements.[1] The case centered around petitioner Jane Doe's legal action against her former employer, Na Hoku, Inc., and her former manager, Ysmith Montoya. Doe had brought forth multiple claims stemming from Montoya's alleged sexual harassment and…
The Agricultural Labor Relations Board has posted a Frequently Asked Questions regarding AB 113 which makes several changes to the Agricultural Labor Relations Act relating to card check elections, new civil penalties and appeal bonds. The ALRB has also posted a majority support petition (i.e., card check) form. ALRB is in the process of developing regulations to implement the provisions of AB…
The United States Department of Labor (DOL) has unveiled a new Notice of Proposed Rulemaking (NPRM) aimed at revising the salary thresholds for overtime exemptions, affecting various categories of employees under the Fair Labor Standards Act (FLSA). The proposed changes are as follows: Standard Salary Level Increase: The DOL proposes to raise the minimum salary threshold for the executive,…
On August 24, 2023, the National Labor Relations Board (NLRB) issued a Final Rule that marks a significant shift in the landscape of labor relations in the United States. This rule, set to take effect on December 26, 2023, dramatically shortens union election processes, prompting heated debates between labor and management interests. In 2014, during the Obama administration, significant…
In Glacier Northwest v. International Brotherhood of Teamsters, the U.S. Supreme Court recently ruled 8-1 that striking workers are not protected when they intentionally make inventory that they intend to ruin by walking off the job. According to the company’s allegations, the union called for a work stoppage when they knew that Glacier Northwest was in the process of mixing and delivering…
Cal/OSHA is reminding all employers to protect workers from heat illness as high temperatures are forecast throughout the state. The National Weather Service has issued excessive heat warnings for some areas during the coming days. Some of the highest temperatures include: In addition to responding to complaints and reports of injuries and illnesses, Cal/OSHA will be performing…
Employment arbitration is an alternative dispute resolution mechanism where employees agree to resolve their disputes with their employer outside of a court. The use of employment arbitration agreements has become increasingly common, and most attorneys (including this author) advise employer clients that it’s generally better to have them than not. However, despite the oft-promoted…
The California Office of Administrative Law recently approved amendments to the California Fair Chance Act regulations, as proposed by the California Civil Rights Council. Effective October 1, 2023, these changes impact employers with five or more employees and involve inquiries into an applicant's criminal history prior to a job offer. One key amendment concerns the process following an…
As reported here, the U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) announced the release of a new version of the Form I-9. The new form is available for downloaded here. The updates are aimed at simplifying the form, making it more accessible, and ensuring compliance with current immigration laws. Here is a summary of the key changes to the Form…