Posts By: Jason Resnick
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ALRB’s New Santa Maria Office Decision Raises Impartiality Concerns
At its October 30, 2024, meeting, the California Agricultural Labor Relations Board (ALRB) approved a decision to establish a new office in Santa Maria through a sublease agreement with the Central Coast Alliance United for a Sustainable Economy (CAUSE). This late addition to the Board’s agenda was not made available for public comment, drawing concern over the Board’s procedural…
Maximizing Employer Protections Under New PAGA: “All Reasonable Steps” to Mitigate Risk
California employers have long grappled with the Private Attorneys General Act (PAGA), a law that allows employees to sue on behalf of the state for labor code violations. However, recent reforms to PAGA have introduced significant opportunities for employers to mitigate their risk and reduce penalties—if they take proactive steps to ensure compliance before receiving a Labor and Workforce…
EDD Challenges H-2A Employer on Unemployment Taxes for Housing and Meals
The Employment Development Department (EDD) is targeting an H-2A employer with a move that could have wide-reaching implications for the agricultural industry in California. In a recent preliminary hearing before an administrative law judge at the California Unemployment Insurance Appeals Board, the EDD is seeking to apply unemployment taxes to meals and housing provided to H-2A workers.…
ALRB Finalizes Regulations for AB 113
The Agricultural Labor Relations Board (ALRB) recently held a public hearing to discuss proposed regulations related to AB 113 (card check). These regulations focus on majority support petitions, unfair labor practice compliance, and appellate bonds. Over the course of several hearings held in 2024, the ALRB has reviewed public comments and made modifications to these regulations. The…
Mixed Results in Cases Challenging H-2A Wage Rule
Last week, a federal judge in Louisiana recently issued a partial injunction on the 2023 Adverse Effect Wage Rate Final Rule for sugar cane growers in that state, citing a US Supreme Court decision that overturned judicial deference to agencies' interpretation of ambiguous statutes. In the case Teche Vermilion Sugar Cane Growers Association Inc., et al. v. Julie Su, et al. (Vermilion), the…
Lawsuit Seeks to Block DOL H-2A Rule
The National Council of Agricultural Employers (NCAE), which counts Western Growers as a member, along with several agricultural groups and individual farmers, has filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky, challenging the Department of Labor’s Final Rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.”…
Federal Court Ruling Challenges NLRB Authority
A Texas judge has issued a ruling that challenges the National Labor Relations Board’s (NLRB) authority, granting an injunction to an Austin-based tech company accused of unfair labor practices. The judge found in favor of the employer’s claim that the NLRB’s administrative law judge system violates the Constitution's separation of powers doctrine. This decision cites the recent…
PAGA Reform: Welcome Relief for California Employers
Long-awaited changes to the Private Attorneys General Act (PAGA) bring much needed relief for California employers who take advantage of the opportunity. The Private Attorneys General Act of 2004 allows employees to sue their employers on behalf of the state for Labor Code violations, effectively deputizing private citizens to enforce labor laws. This unique mechanism has led to a significant…
DOL Issues Revised Transition Schedule for H-2A Job Orders Following Court Injunction
As reported here, on August 26, 2024, a preliminary injunction was issued by the U.S. District Court for the Southern District of Georgia in Kansas v. U.S. Department of Labor. The order temporarily blocks the enforcement of the Department of Labor’s Farmworker Protection Rule in 17 states and against certain named-party agricultural entities. In response, the Department of Labor’s Office…
H-2A Worker Protection Rule Blocked in 17 States; H-2A Form Changes Delayed Indefinitely
A U.S. District Judge has issued a 17-state injunction against a Labor Department regulation that would have allowed farmworkers on H-2A visas to unionize. This decision, however, is specifically limited to the states and plaintiffs involved in the suit, as the court did not find it appropriate to implement a nationwide injunction. The injunction does not apply in states Western Growers members…
Essential Updates to H-2A Forms Are Coming
The Department of Labor has introduced significant revisions to the H-2A program forms ETA-790/790A and 9142A, which will take effect on August 29, 2024. These changes aim to enhance the transparency and accountability of the H-2A application process and ensure compliance with the latest regulatory requirements. Below are the key updates H-2A employers need to know: Form ETA-790/790A…
Federal Court Blocks FTC’s Noncompete Ban
A federal judge has blocked the Federal Trade Commission's (FTC) noncompete rule, which was set to take effect on September 4, 2024. The U.S. District Court for the Northern District of Texas ruled on August 20, 2024, in Ryan, LLC v. FTC, that the rule is unlawful. The court's decision not only prevents enforcement of the rule against any company nationwide but also concludes that the FTC lacks…
California High Court Limits PAGA Plaintiffs’ Rights to Challenge Settlements
In a closely watched decision, the California Supreme Court recently delivered a significant ruling affecting the landscape of representative actions under the California Labor Code Private Attorneys General Act (PAGA). In a 5–2 split decision, the Court held that a plaintiff bringing a representative action under PAGA does not have the right to intervene in another PAGA action involving…
Western Growers Wins H-2A Appeal
In a significant legal victory, Western Growers' Senior Vice President and General Counsel, Jason Resnick, successfully challenged the denial of an H-2A application on behalf of Morrison Chopping, LLC. The decision by the United States Department of Labor's Board of Alien Labor Certification Appeals (BALCA) to reverse and remand the final determination is a welcome development where such…
Upcoming Webinar: 2024 H-2A “Farmworker Protection” Final Rule
The Department of Labor's Office of Foreign Labor Certification (OFLC) will host a webinar on August 7th at 12:00 PM PT. This session aims to inform program users and stakeholders about the 2024 H-2A "Farmworker Protection" Final Rule. Event Details: Date and Time: Wednesday, August 7, 2024, at 12:00 PM PT (1 hour) Registration: Not required Capacity: 1,000…
Wonderful Nurseries Challenges AB 113
A Fight for Fair Union Representation In a significant legal battle that could reshape the landscape of union representation in California’s agricultural sector, Wonderful Nurseries has filed a lawsuit challenging AB 113, the new card check law. This law, enacted in 2023, allows unions to bypass secret ballot elections, a cornerstone of the Agricultural Labor Relations Act (ALRA), and…
California Implements Indoor Heat Protections for Workers
California has approved new regulations to protect workers from heat illness in indoor workplaces. The Office of Administrative Law (OAL) sanctioned these measures requiring employers to adopt safety measures that go into effect in most cases when indoor temperatures reach 82°F to prevent the risk of heat illness to workers. This standard went into effect on July 23, 2024. Scope and…
WG Legal — New PAGA Amendments: What Does it Mean for Agricultural Employers?
On July 1, 2024, Governor Newsom enacted a historic reform to the Private Attorneys General Act (PAGA). Learn more about the details of these changes and what this means for your organization as Alden Parker and Rebecca Hause-Schultz, partners at Fisher & Phillips, LLP, and Jason Resnick, Sr. Vice President & General Counsel at Western Growers, share how the new PAGA amendments will…
Court Grants Preliminary Injunction to Wonderful Nurseries
Today the Superior Court of California, County of Kern, ruled in favor of Wonderful Nurseries, LLC, granting their motion for a preliminary injunction against the Agricultural Labor Relations Board (ALRB). The decision, made by Judge Bernard Barmann, temporarily halts the enforcement of the ALRB's certification of the United Farm Workers of America (UFW) as the bargaining representative for…
Wildfire Smoke Regulations and Worker Safety
The Lake Fire in the Santa Ynez Valley has devastated over 30,000 acres as of Thursday, with containment at only 16%. This serves as a critical reminder for employers about the Cal/OSHA permanent regulation on worker protection from wildfire smoke, effective since February 1, 2021. This regulation is crucial for ensuring the safety and health of employees exposed to harmful wildfire…