FELS Newsletter: July 2023
California Supreme Court Rules Against Employers in Arbitration Agreements and Class Action/PAGA Waivers
Last summer we sent out a newsletter highlighting a major win for employers in the battle against the onslaught of Private Attorneys General Act lawsuits ravaging California agriculture. The victory came by way of a pivotal United States Supreme Court opinion in Viking River Cruises, Inc., v. Moriana. The Supreme Court held that the Federal Arbitration […]
NCFH Offers Fliers Detailing Availability of Low-Cost Healthcare for Farm Employees and Their Families
The National Center for Farmworker Health (NCFH) (ncfh.org/) has released fliers in English and Spanish to educate farm employees about Farm Worker Health Centers offering discounted health services for communicable diseases like the flu or COVID, chronic issues like diabetes and arthritis, pediatrics and mens’ and womens’ health issues, vaccines, general health screening, and prescriptions. Fees charged by Farm […]
Impact of SCOTUS Affirmative Action Ruling on Employers
Esther G. Lander, Akin In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the U.S. Supreme Court overturned its past precedent and held that the goal of achieving a diverse student body cannot justify using race as a “plus factor” in college admissions and doing so violates the Equal Protection Clause of the […]
California Supreme Court Shuts Down COVID-19 Liability Claim of Worker’s Wife
Hanna Sweiss, Fisher Phillips The California Supreme Court on July 6 handed employers a win by making it clear they do not have a duty to prevent the spread of COVID-19 to employees’ household members. The court didn’t go so far as to say such claims are barred under the state’s workers’ compensation act, but […]
UFW Organizing Wins in New York
The union has won four elections under the state’s 2019 ag collective bargaining law. The union now represents 500 New York state employees, the majority of whom are H-2A employees from Mexico or Jamaica. The UFW wins come amid accusations that: You can read more in coverage from The Guardian.
Washington State Adopts Revised Heat Illness Prevention Rules
As of July 17, employers with outdoor workers in the state of Washington must follow revised heat illness prevention rules. The revised rules modify Washington’s long-standing 2008 rule and expand employees subject to the rule’s protection. Employers should review the required Washington State Accident Prevention Programs to ensure their programs contain all elements required by […]
Half Moon Bay Mushroom Farms Cited by Cal/OSHA
California Terra Gardens and Concord Farms have been cited for multiple violations of General Industry Safety Order 3203, the Injury and Illness Prevention Program standard, for failure to take adequate measures to prevent the January mass shooting incident and minimize danger to employees during the event. Proposed penalties totaled nearly $165,000. In the case of […]
Industrial Welfare Commission Revived
The state’s budgeting process is driven by trailer bills. One of them, Assembly Bill 102, was signed into law on July 10. It appropriated $3 million to fund the Industrial Welfare Commission. The IWC has broad regulatory powers: Before it was defunded in 2004, it promulgated 17 distinct industry or occupational wage orders (including Wage […]
The Heat is On (Again)!
After a long, cool, and wet spring, summer has returned to California with a vengeance. With the state looking to be in for a long, hot summer, California farm employers should be mindful of the hazards of heat and the requirements of Cal/OSHA’s Heat Illness Prevention (HIP) standard. Points to remember: You can find more […]
