Posts By: Jason Resnick
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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…
New H-2A Rates for Select Positions Effective July 8
The U.S. Department of Labor has announced new Adverse Effect Wage Rates (AEWR) for select positions in the H-2A program. These new rates apply to H-2A positions not included in the SOC codes for field and livestock workers (“Big-6” AEWR positions). These wages are instead determined by the Bureau of Labor Statistics OEWS Survey. See the full federal register notice here. New rates for…
New PAGA Reform Law Impacts Claims Filed On or After June 19, 2024
On July 1, 2024, Governor Gavin Newsom signed significant legislation reforming the Private Attorneys General Act (PAGA) after successfully mediating an agreement between business and labor groups. The new bills introduce the most substantial changes to PAGA in its 20-year history, offering numerous benefits to California employers. Key changes include more restrictive standing requirements…
Supreme Court Overturns Chevron Doctrine, Impacting Employer Regulations
The U.S. Supreme Court has overturned the longstanding Chevron doctrine, which required courts to defer to federal agencies' interpretations of ambiguous statutes. The ruling, in the cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, could have significant implications for employers due to the numerous regulations issued by agencies like the DOL, OSHA,…
Western Growers Legal: Unpacking Cal/OSHA’s New Indoor Heat Illness Standard Webinar
Join us for a webinar brought to you by Western Growers Legal. This installment focuses on Cal/OSHA's new indoor heat illness regulation, which applies to most indoor workplaces. Our speaker, David Hornung, Cal/OSHA Heat and Agriculture Program Coordinator will explain the new rule and its impact on business operations. Event Details: Date: July 17, 2024 Time: 11:00 a.m. - 12:00 p.m.…
Coalition Sues DOL Over New Farmworker Protection Rule
Seventeen southern states along with the Georgia Fruit and Vegetable Growers Association (GFVGA) and an H-2A employer, have filed a lawsuit against the Department of Labor (DOL). The plaintiffs are challenging the new "Improving Protections for Workers in Temporary Agricultural Employment in the United States" rule, set to take effect on June 28, 2024. The plaintiffs contend that the rule grants…
PAGA Reform Brings Long Sought Improvements for Employers
After months of negotiations, California Gov. Gavin Newsom announced on June 18, 2024, that the Fix PAGA coalition and labor advocates have reached an agreement to reform the Private Attorneys General Act (PAGA). This agreement aims to curb frivolous litigation and excessive penalties against employers while still safeguarding employees' rights. Below is a summary of some of the key…
USDA Allocates $50 Million to Farm Labor Stabilization and Protection Pilot Program
Agriculture Secretary Tom Vilsack announced today that the USDA is distributing $50 million through the Farm Labor Stabilization and Protection Pilot Program (FLSP Program) to 141 recipients in 40 states and Puerto Rico. This funding will aid 177 agricultural operations and over 11,000 workers, bolstering the U.S. food supply chain by addressing labor shortages and instability, enhancing…
Supreme Court Sides with Starbucks in Labor Dispute
The U.S. Supreme Court recently ruled in favor of Starbucks in a significant labor law case, overturning a lower court's order that required the company to rehire seven employees in Memphis who were fired while attempting to unionize. This ruling will make it harder for the National Labor Relations Board (NLRB) to win court orders when it suspects a company of interfering in unionization…
California Standards Board Moves Forward with Indoor Heat Protection Rules Amidst Board Shakeup
The California Occupational Safety and Health Standards Board is poised to implement long-anticipated regulations to protect workers from indoor heat. However, recent leadership changes have brought additional scrutiny to the process. Governor Gavin Newsom recently removed one board member and demoted the chairperson of the workplace safety board following their public criticism of his…
Western Growers Files Amicus Brief in Support of Wonderful Nurseries
Today, Western Growers Association, alongside ten other associations, filed an amicus curiae brief in support of Wonderful Nurseries LLC’s motion for a preliminary injunction against the Agricultural Labor Relations Board (ALRB) and the United Farm Workers of America. The motion seeks to halt the implementation of new labor regulations that will likely disrupt farming operations across…
Western Growers Legal – Sowing Success: How Creditor-Suppliers Can Win with Agricultural Liens Webinar
Learn how to take advantage of various agricultural liens in competitive markets. The fourth in a series of webinars brought to you by Agribusiness Committee of the California Lawyers Association, Business Law Section, this installment focuses on various agricultural liens in competitive markets and features experts June Monroe from Fennemore, LLP and Dean G. Rallis Jr. from Hahn & Hahn,…
Department of Industrial Relations Revises H-2A Supplemental Notice in Response to Industry Concerns
In response to concerns raised by Western Growers and industry partners, the California Department of Industrial Relations (DIR) has issued a revised Supplemental Notice to H-2A Employees, which addresses most of industry’s concerns. As reported here, the agricultural coalition sent a letter to DIR objecting to several aspects of the notice, which misstated the law. The effective date for…