YOUR SOURCE FOR CAWG AND INDUSTRY NEWS. FOR CAWG MEMBERS ONLY. |
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ALRB Issues Landmark Decision on Misclassification of Farmworkers |
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ALRB reports, “This case involves an employer, respondent Cinagro Farms, Inc., that, by its own admission, misclassified its workers as independent contractors. A crew of workers complained about not receiving proper paystubs with their weekly paychecks for tax purposes, proof of medical insurance, or to prove Medi-Cal eligibility for their children. Cinagro Farms did not resolve the crew’s complaints and instead terminated the crew."
Growers may want to take note of this decision, as ALRB determined misclassification of workers may constitute a standalone unfair labor practice and the protections of the Agricultural Labor Relations Act may extend to supervisors in instances when the supervisor serves as a conduit for employee complaints regarding misclassification.
A worker can be an independent contractor under what is known as the ABC Test. A worker may be an independent contractor if all three of these apply:
- The worker is free from the direction and control of the hiring entity.
- The worker performs work that is outside the usual course of the hiring entity’s business.
- The worker is engaged in an independent trade, occupation, or business.
There are various exceptions to the ABC Test (such as the business-to-business exception). If you have questions as to how the ABC Test and Cinagro decision may apply to your workplace, please consult an HR professional or labor attorney.
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Proposed COVID Workplace Safety Standards |
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Last week, the Occupational Safety & Health Standards Board released its draft of a proposed COVID-19 workplace safety standard, which will replace the existing Emergency Temporary Standard. The estimated start date of the proposed regulation will be January 1, 2023, and would sunset after two years, except for some recordkeeping requirements.
While CAWG is still reviewing the proposal and will provide growers with a more detailed analysis soon, it appears that the proposed regulation is very similar to the existing ETS. This means that there will likely be COVID-19 workplace safety requirements in place until January 1, 2025.
The proposed regulation includes requirements for COVID-19 outbreaks, employer-provided housing and employer-provided transportation. These standards set forth compliance actions that are required for all employees in all places of employment, with the following exceptions:
- Work locations with only one employee who does not have contact with other people;
- Employees working from home;
- Healthcare workers who are subject to other COVID-19 safety requirements; and
- Employees teleworking from a location of the employee's choice, which is not under the control of the employer.
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CAWG Foundation Raffles John Deere Electric Gator |
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At CAWG's final roadshow event, hosted in Lodi in June, the Foundation pulled the winning ticket for a John Deere, 4X4 Electric Gator. The lucky winner was John Chandler of Chandler Farms in Selma!
A grand thank you to our sponsors, and to all who purchased tickets. This fundraiser benefitted the CAWG Foundations mission of providing financial support in the form of scholarships to children of farm workers looking to pursue higher education.
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In Memoriam: Aram Kinosian |
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We are saddened to share that former CAWG Chairman and board member, Aram Kinosian passed away on July 4. We extend our deepest condolences to his family, friends, and colleagues.
Aram was the adoring husband to his beloved wife of 57 years, Joyanne Kinosian.
Aram grew up on a small family farm in Dinuba, CA where his parents raised Thompson seedless grapes for raisins. In 1965, Aram started his own farming operation while simultaneously working a different part-time job. This enabled him to purchase his first 40 acres and grow his own grapes.
Aram served as a CAWG board of director from 1979-1988. During that time, he was vice chair (82-84) and chairman (84-86). He also served as Vice-Chairman of the Winegrape Growers of America and was an active member of the California Table Grape Commission and various other industry organizations.
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Monkeypox: What, If Anything, Should Employers Do? |
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Provided by Fisher Phillips:
Given the recent trauma many employers experienced due to the COVID-19 pandemic, proactive employers are wondering what, if anything, they need to do about the monkeypox virus, which was recently declared a global health emergency. The World Health Organization (WHO) and U.S. Centers for Disease Control and Prevention (CDC) have reported increased cases of monkeypox since May in Europe and North America – where the disease is not regularly found – with more than 23,000 confirmed cases worldwide and 5,800 in the United States.
In fact, California, New York, and Illinois have all declared states of emergency over the current outbreak and further local jurisdictions seem sure to follow suit. And while monkeypox is not expected to reach pandemic levels, you may want to prepare for a potential outbreak by creating a written infectious disease policy and reviewing other key workplace policies. This Insight addresses a few commonly posed questions to aid employers that are wondering: What is monkeypox and what do we do now?
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Wildfire Smoke Reminders and Resources |
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Employers and employees in wildfire smoke affected areas are reminded to be aware of the risks associated with wildfire smoke and cleanup.
Cal/OSHA's regulation (section 5141.1) to protect employees exposed to wildfire smoke requires the following:
- Identification of harmful exposures
- Communication
- Training and instruction
- Control of harmful exposures
- Specific particulate sampling requirements if an employer opts to monitor employee exposure with a direct reading instrument
Cal/OSHA has compiled wildfire smoke safety resources that include fact sheets, videos, and a list of vendors for personal protective equipment.
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CALL FOR NOMINATIONS: CAWG’s 2023 Grower and Leader of the Year |
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Nominations are now open for the California Association of Winegrape Growers (CAWG) Awards of Excellence Program.
The Awards Program presents two awards annually: Grower of the Year and Leader of the Year. These awards are meant to spotlight exceptional people or companies who have benefitted the broader community of winegrape growers through exemplary leadership and outstanding commitment to the well-being of the winegrowing industry, California communities and the environment.
Nominations are due by September 30, 2022.
The CAWG Awards of Excellence reception will be held on Tuesday, Jan. 24, on opening night of the 2023 Unified Wine and Grape Symposium held in Sacramento.
NOMINATION FORMS:
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For more information and to view past award recipients, please view the CAWG website. For questions, contact Natalie Collins, Interim President.
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WHEN: Friday, August 5 - 9:00 am
Join the California Association of Winegrape Growers and Wine Institute for a webinar on Friday, August 5th at 9:00am to review disaster assistance options through the recent frost designation and Emergency Relief Program.
The session will feature presentations by USDA’s Farm Service Agency on emergency loans available through the Secretarial disaster designation, as well as an update on the Emergency Relief Program (ERP) regarding the status of Phase 1 and the anticipated Phase 2 application period.
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WHEN: Friday, August 5 - 10:00 am
Many times, growers qualify for funds available through relief programs, but simply don't have the bandwidth to research, compile paperwork, and apply for the assistance offered. This is where the expertise of Crop Disaster Recovery, LLC comes in!
Join the California Association of Winegrape Growers on Friday, August 5th at 10:00am to learn more about the services offered through Crop Disaster Recovery, LLC.
Crop Disaster Recovery, LLC is a Grant Acquisition Firm that specializes in helping agricultural producers obtain disaster recovery and improvement grants from Federal and State governments.
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CAWG PAC Event in Los Olivos |
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WHEN: Thursday, August 25 | 3:30 pm - 6:30 pm
Join the CAWG PAC and our hosts Greg Gonzalez, Mike Testa, and Gregg Hibbits for a fundraiser benefiting CAWG PAC at Crossroads Estate in Los Olivos on Thursday, August 25. The event will begin at 3:30 PM and will be an evening full of networking, music, great food, excellent wine, and farm equipment demos from local vendors.
Questions:
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