Posts By: Jason Resnick
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The Right to Disconnect: Understanding the California Bill and What It Means for Employers
California is contemplating a landmark bill, known as AB 2751, which would establish a "right to disconnect" for virtually all workers, granting them the liberty to ignore work-related communications outside of their scheduled hours. This legislation, a first of its kind in the U.S., aims to enhance work-life balance by allowing employees to unplug from work during off-hours. Employers,…
USCIS Fee Increase Lawsuit Denied
A US district court has turned down a request to delay the start of new immigration fee increases scheduled for April 1. This request was made by a coalition of business groups and an EB-5 investor from Canada. They wanted to hold off on the new charges until their legal case was sorted out. On January 31, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule in…
Lawsuit Challenges DOL Independent Contractor Rule
The U.S. Chamber of Commerce, alongside other business groups, has initiated legal action against the Department of Labor's (DOL) latest regulation concerning the classification of workers as either employees or independent contractors. Filed on March 5 in the U.S. District Court for the Eastern District of Texas, the lawsuit challenges the rule that took effect on March 11, which revises the…
California’s Ag Overtime Law: Good Intentions, Unintended Consequences
The enactment of AB 1066 in 2019, expanding overtime pay for agricultural workers in California, was celebrated as a progressive step toward equity in the labor market. However, the nuances and complexities of agricultural economics have rendered the law's impact less straightforward and, in many cases, counterproductive. In her article, California’s Overtime Law for Agricultural Workers:…
Lawsuit Challenges USCIS Fee Hikes
A recent legal challenge has been mounted against the U.S. Citizenship and Immigration Services (USCIS) over its decision to significantly hike immigration filing fees, a move that could impose considerable financial burdens on H-2A employers. The new rule, set to take effect on April 1, 2024, introduces a 15% increase for unnamed H-2A workers, raising the filing fee from $460 to $530 per…
Western Growers Legal: Playing by the Non-Compete Rules Webinar
Join us for the second in a series of webinars brought to you by Agribusiness Committee of the California Lawyers Association, Business Law Section. This installment focuses on what members can and cannot do with non-compete agreements. Our speakers, June Monroe from Fennemore LLP and Christopher Passerelli from Dickenson Peatman & Fogarty, explore the nuances of these contracts and…
California Ag Coalition Lodges Objections Regarding New H-2A Notice
The California agricultural community, represented by Western Growers and a coalition of labor law attorneys and agricultural associations, has formally expressed their concerns regarding the Department of Industrial Relations' (DIR) new Supplemental Notice related to the H-2A visa program. The letter submitted by the coalition focuses on several pivotal issues that could significantly impact…
“Uncharted Territory”: The Controversial Passage of Cal/OSHA’s Indoor Heat Standard
In a surprising turn of events, the Cal/OSHA Standards Board took an unexpected step by unanimously approving an indoor heat illness prevention regulation, despite being advised to delay the vote. This decision thrust the Board into what Autumn Gonzalez, the Board Chief Counsel, described as "uncharted territory." The backstory to this circus of a hearing is as intriguing as the decision…
Farmworker Unionization Faces Legal Challenge Amidst Allegations of UFW Deception
A dispute has erupted between the United Farm Workers (UFW) and Wonderful Nurseries LLC in Wasco over the unionization of over 600 employees. The Agricultural Labor Relations Board’s (ALRB) Regional Director’s decision to certify the UFW's majority support petition (card check) has been challenged by Wonderful, alleging that workers were misled into signing union support cards under the…
Best Practices: Wage and Hour Self-Audit, Part 2
In this second in our two-part series on wage and hour compliance, we address critical aspects of compliance for every employer's operational playbook. Timekeeping Practices Employers must scrutinize their timekeeping systems, particularly in jurisdictions like California where rounding employees' time is prohibited. Ensuring time is recorded accurately to the minute is essential for…
ALJ Narrows Focus to Process Issues Amidst Rising Tensions
In the latest development of the case involving the first card check certification in California, the Administrative Law Judge (ALJ) has made a crucial ruling that the scope of the hearing is limited to issues of process. This decision comes amidst ongoing tensions between the employer, DMB Packing Corporation and the United Farm Workers (UFW) union. The case has been under scrutiny since the…
Best Practices: Wage and Hour Self-Audit, Part 1
Ensuring compliance with wage and hour laws is a cornerstone of responsible business management and employment law risk mitigation. This article, forming part of our ongoing series on employment practice self-audits, serves as the first installment of a two-part discussion on best practices for wage and hour compliance. Defining Work Schedules and Payment Cycles A crucial initial step…
2024 H-2A Meal & Travel Reimbursement Rates
The Office of Foreign Labor Certification has published its annual update to allowable charges for temporary workers' meals and for travel subsistence reimbursement, including lodging. These changes apply to all H-2A visa applications received on or after February 13, 2024. New Allowable Meal Charges: In its job offer to U.S. and H-2A workers, the employer either must offer and state that it…
Best Practices: Part 2, Employment Records Self-Audit
Building on our discussion about hiring practices, we now turn our focus to a critical yet often overlooked area: the self-audit of employment records. Proper management of employee files, time records, wage statements, and schedules is not just a matter of organizational efficiency; it's a cornerstone of legal compliance and risk management. Maintaining Confidentiality and Retention First and…
Best Practices: Auditing Your Hiring Processes
In the evolving world of employment law, staying compliant and adopting best practices in your hiring processes isn't just beneficial—it's imperative. Today, we're zeroing in on an essential component: Hiring Practices. 1. Employment Applications: Seeking Appropriate Information The initial step in auditing your hiring practices involves a thorough review of your employment…
USCIS Issues Final Fee Rule
On January 31, 2024, 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. Fees to file petitions will go up dramatically. The new fees will be effective April 1, 2024. Under the Final Rule, for employers with 26 or more full time employees, the filing fee for unnamed H–2A workers…
Court Tosses Ag Employers’ Lawsuit Challenging H-2A Final Rule
A challenge brought by agricultural employers against the Biden Administration’s 2022 H-2A Final Rule has been rejected. The National Council of Agricultural Employers (NCAE) argued that the department had unlawfully withdrawn the previous administration's rule, which had been published online just nine days before President Joe Biden took office. However, U.S. District Judge Rudolph Contreras…
Legal Series: Succession Planning in the Agricultural Industry Webinar
Do you have a plan in place for transferring your business and its assets to the next generation? We can help get you started. Join us, February 14 at 11 a.m., for the next installment of the Legal Updates Webinar Series on Succession Planning in the Agriculture Industry. Experts from JRG Attorneys at Law will walk you through: Options for transferring the agricultural business and the…
Creating Recovery-Ready Workplaces: A Guide for Employers
Substance abuse disorders can have serious consequences for both employees and employers. Employees who struggle with alcohol or other drug misuse may face health problems, reduced productivity, increased absenteeism, and higher risk of accidents. Employers may incur higher costs for health care, disability, and turnover, as well as potential legal liabilities. To address this issue, the U.S.…
California High Court Rules Courts Can’t Strike Unwieldy PAGA Claims
In a landmark decision on January 18, the California Supreme Court ruled that trial courts lack the inherent authority to dismiss claims under the state's Private Attorneys General Act (PAGA) simply because they are deemed unmanageable. The ruling is a significant setback for business owners and corporations who had hoped for a decision that would curtail the numerous PAGA claims filed…