The Virtual 2021 California Agriculture in the Classroom Conference will be September 24-25, 2021. Register and learn more here.

The California Senate may soon consider legislation that will strip California farm employees of the right to a secret ballot election supervised by the Agricultural Labor Relations Board to choose representation by a union. Civil rights icon Cesar Chavez fought hard for the right for farm employees to decide the question of union representation, but union advocates now want to water down the protections of the Agricultural Labor Relations Act by allowing union agents to hide behind a claim that AB 616 creates “mail-in balloting” for union elections when in fact union agents will fill in the ballots, pressure employees to sign them, collect them and send them to the ALRB.

California Farm Bureau's Friday Review - September 3rd Edition

The Environmental Protection Agency (EPA) announced last week that it will terminate its temporary guidance on respiratory protection for agricultural pesticide handlers that was issued during COVID-19, effective August 19.

The agency cites improvements in access to NIOSH-approved respirators, fit-testing supplies, and related services as the basis for its decision. EPA’s action is consistent with federal agency guidance issued by CDC, OSHA, and the Food and Drug Administration, which urges healthcare facilities to stop using crisis capacity strategies and “promptly resume conventional practices,” including the use of only NIOSH-approved respirators where needed. EPA intends to revert to practices employed prior to the public health emergency once the temporary guidance is terminated.

EPA’s memorandum addressing the termination of this guidance can be found on the agency’s website (PDF). Additional COVID-19 enforcement and compliance resources are also available.

On May 14th, 2021, the US Federal District Court issued an order that requires some H-2A employers to pay back wages to their H-2A and U.S. workers in corresponding employment. The order applies to employers that submitted job orders and/or ETA Form 9142 applications between December 21, 2020, and February 23, 2021, and had H-2A employees and U.S. workers in corresponding employment for services performed between January 15, 2021, and February 23, 2021.

Employers must make all back wage payments by September 4th and notify the Department of Labor that the payments have been made. The National Council of Agricultural Employers has circulated an attestation template here that employers can modify and submit to the Department of Labor after the back wages have been paid.