Employers may continue to use the current United States Citizenship and Immigration Services Form I-9, Employment Eligibility Verification, after its expiration date of October 31, 2022. According to the USCIS, a new version of the Form I-9 will be published via Federal Register notice once it becomes available. Keeping updated on which version of the Form I-9 is used is important for employers as a failure to use the approved current version can result in administrative penalties.

Once again, the State has announced major COVID updates this week. For starters, on Monday October 17, 2022 Governor Newsom announced that the California COVID-19 State of Emergency (SOE) will (supposedly) end February 28, 2023. However, he indicated that as the SOE ends, the California “SMARTER Plan continues to guide California’s strategy to best protect people from COVID-19.” You can find the Governor’s full press release here.

AB 2183, the UFW-sponsored bill that guts the secret ballot process for farmworkers, is scheduled to take effect Jan. 1, 2023. Ag employers should begin preparing now to ensure they are not targeted for unionization.

The bill signed by Gov. Gavin Newsom provides two options for agricultural employees to unionize: an election process with mail-in ballots in which growers must agree at the beginning of the year to maintain union neutrality or be subjected to the “card check” process, in which a majority of employees sign cards indicating they support union representation.

Jason Resnick

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