FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

Posted in: Employment Law by Dowling Aaron on

The California Legislature Attempts to Change H-2A

Requirements in the Ag Industry

 By: The Saqui Law Group and Jorge Lopez Espindola

California Senate Bill 1102 is currently on track to pass the Legislature. August 31st is the last day for the Legislature to pass SB 1102 which will have an impact on the Ag Industry. SB 1102 is attempting to make it a requirement for employers to pay H-2A employees for travel time regardless if it is voluntary or mandated by the employer. Generally, employers are not required to pay for travel time when employer-provided transportation to the worksite is voluntary.

Additionally, SB 1102 declares H-2A employees, who live in employer-provided housing, as tenants under California housing law. Usually, H-2A employees residing in employer-provided housing ends when the employment contract ends. The effect of labeling an H-2A employee as a tenant can raise several requirements that an H-2A employer will need to follow. You can read the proposed Senate Bill here.

COUNSEL TO MANAGEMENT:

We at, The Saqui Law Group, a division of Dowling Aaron, Incorporated, are following SB 1102 since this Bill will have an impact on the Ag industry. We will provide updates on this bill in the coming weeks.

DHS Extends Its Temporary COVID-19 Rule

 By: The Saqui Law Group

The Department of Homeland Security (DHS) has temporarily extended some of the provisions of the April 20 temporary final rule. On August 20th, DHS published a new temporary final rule to extend the amendment that allows all H-2A petitioners with a valid temporary labor certification (TLC) to start employing certain foreign workers who are currently in the United States and in valid H-2A status. You can read the full article here.

DOL Updates FAQs on Families First Coronavirus Response Act (FFCRA)

 By: The Saqui Law Group

The DOL updated the FAQs on Families First Coronavirus Response Act (FFCRA) yesterday to address questions about leave for employees with children remote/distance learning. FAQ’s 98-100. You can read the article here.

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