The Association hosted Assemblyman Bill Quirk on a tour of the farm of California Cotton Growers Association Director Cannon Michael of Bowles Farming and with California Cotton Ginners Association Director Mike Davis of Dos Palos Cooperative Gin.  Assemblyman Quirk represents the 20^th Assembly District which covers the communities of Hayward, Ashland, Castro Valley, Cherryland, Fairview, Fremont, Pleasanton, San Lorenzo, Sunsol and Union City.   Assemblyman Quirk is a very active legislator as he is the Chairman of the Public Safety Committee, and also sits on the Agriculture, Appropriations, Revenue and Taxation Committees, as well as the Utilities and Commerce Committee.  Accompanying the Assemblyman from the Association was President/CEO Roger Isom and Director of Technical Services Christopher McGlothlin.  This is part of the ongoing effort of the Association to reach out to urban legislators to educate and inform them on the critical issues facing the cotton industry.

The Association hosted a tour this past week for Assemblyman Devon Mathis of the 26^th Assembly District.  The Assemblyman represents Inyo County and large parts of Tulare and Kern Counties, including the cities of Bakersfield, Delano, Dinuba, Hanford, Lindsay, Tulare, Porterville and Visalia.  On this trip, the Assemblyman visited a cotton field, and cotton gin with Association Board Member Stan Creelman, of Mid Valley Cotton Growers, and met with Growers Association Chairman Steve Wilbur at his cotton field southwest of Tulare.  Water and regulatory impacts were among the topics covered and the Assembly even had an opportunity to ride in the cotton picker.  Assemblyman Mathis is the Vice chairman of the Veterans Affairs Committee and also sits on the Agriculture, Aging and Long Term Care, and Water, Parks and Wildlife Committees.  Accompanying the Assemblyman on the tour were the Association’s President/CEO Roger Isom.

Gin Manager Stan Creelman discussing cotton quality with Assemblyman Mathis

Today, a federal appeals court issued a nationwide stay blocking the new Environmental Protection Agency regulation that seeks to expand the amount of water and wetlands under federal protection, known as “Water of the United States” or WOTUS.  The Cincinnati-based U.S. Circuit Court of Appeals for the Sixth Circuit, in a split ruling, said it was prudent to block the regulation while litigation continued over whether the Obama administration’s effort was legal.  “A stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new rule and whether they will survive legal testing,” the court said.  Previously, a federal judge in August blocked the rule in 13 states that had challenged it in a federal court in North Dakota, saying those states were likely to succeed in their lawsuit against the regulation.  In coordination with the U.S. Army Corps of Engineers, the EPA in May issued the rule, which is estimated to put about 3% more waterways throughout the U.S. under new federal jurisdiction, which would require a federal permit to pollute those waters and could restrict access altogether.  Major waterways, like most rivers and lakes, are already under protection of the Clean Water Act and aren’t affected by the rule.  The EPA has said the rule is necessary to clarify which waters should fall under the protection of the federal Clean Water Act of 1972 after two Supreme Court rulings, in 2001 and 2006, called into question whether and to what extent 60% of U.S. waterways, especially streams and wetlands, should fall under federal jurisdiction.

Citing “extensive scientific evidence on effects that ground-level ozone pollution, or smog, has on public health and welfare” the U.S. Environmental Protection Agency (EPA) has strengthened the National Ambient Air Quality Standards (NAAQS) for ground-level ozone to 70 parts per billion (ppb) down from 75 ppb!  What does this mean for California?  Good question.  Much of the state has not even written the plan on trying to meet the 75 ppb, because the current requirements are for the 84 ppb standard adopted under the Clinton Administration.  To put it in perspective, the San Joaquin Valley just had their cleanest summer on record for ozone, and still exceeded the 84 ppb standard on 75 days.  In fact, substantial progress has been made in reducing ground-level ozone. Nationally, from 1980 to 2014, average ozone levels have fallen 33 percent, and the San Joaquin Valley has reduced the number of exceedances of the 84 ppb standard by 54% just since 1996!  Depending on the severity of their ozone problem, areas would have until between 2020 and 2037 to meet the standards.  In the San Joaquin Valley it will be 2037, and many doubt that this standard is achievable in the San Joaquin Valley, including EPA who stated the technology does not yet exist for the San Joaquin Valley to get into attainment!  To take it one step further, the San Joaquin Valley has indicated that this new standard could not be met, even if you took every car, truck and tractor off the road!  Nonetheless, EPA has adopted a new standard, and failure to meet the standard will result in penalties on businesses.  What that means is that the current truck rule and the potential tractor rule will not be enough to get into attainment and businesses in the San Joaquin Valley will pay penalties as a result…

Wednesday, September 23, 2015
8:00 am- 12:00 pm

Kings & Tulare County Farm Bureaus, UCCE and State Fund will host their annual fall harvest safety training event for cotton and other fall harvesting crops.

Location: Kings County Fairgrounds, 801 10th Ave, Hanford, CA 93230

All farming operations with fall harvests approaching are encouraged to attend, with registration beginning at 7:30 am. This annual safety training will cover topics employers are required to offer: farm equipment safety, road safety, and chemical safety. Training sessions are offered in Spanish and English, certificates of completion are provided to all participants, and complimentary lunch is served afterwards.

For reservations, call Tulare County UCCE office at 559-684-3300.

Deadline to register is Monday, September 21.

Thank you to California Cotton Ginners and Growers, State Compensation Insurance Fund, California Highway Patrol, Kings and Tulare County Farm Bureaus, and University of California Cooperative Extension Service for your support and continued involvement in this harvest day, that now dates back more than 40 years!

Download fill-able registration form  

Cotton Harvest Safety Training set for Sept. 17
Fresno County Farm Bureau (FCFB), California Cotton Ginners and Growers Associations (CCGGA), California Highway Patrol (CHP), Proteus Inc. and State Compensation Insurance Fund will host the annual Cotton Harvest Safety Training on Thursday, Sept. 17, at the West Side Research and Extension Center, 17353 W. Oakland Ave., Five Points.

The free program will begin with registration at 7:30 a.m. and conclude with lunch at noon.

Registration forms are available online at www.fcfb.org. 

For more information, or to register, contact FCFB at 559-237-0263 or info@fcfb.org

Today the U.S. Food and Drug Administration has released the Preventive Controls For Human Food Rule and Preventive Controls for Animal Food Rule as under the Food Safety Modernization Act (FSMA).  The FDA has stated they will share updates as soon as the final rules are available, saying “documents submitted to the Federal Register can publish several days after they are submitted, with larger documents taking longer to process and display”.  The Association will provide more information as it becomes available.

The Speaker of the Assembly in the California State Legislature Toni Atkins was in Fresno, and took time out of her incredibly busy schedule to visit the Association’s office for a lunch meeting with a small group of agricultural organizations to discuss critical issues facing agriculture.  The Western Agricultural Processors Association (WAPA) hosted the event.  Other organizations involved in the event included the California Cotton Ginners and Growers Association, California Citrus Mutual, California Fresh Fruit Association, Nisei Farmers League and the American Pistachio Growers.  As one would expect water dominated the discussion, with talk about the need for increased water storage and the situation in the delta as critical to helping solve the long term water situation in this state.  Other matters touched on in the event included climate change, exotic pests, labor issues, transportation and the overall state of agriculture in this time of significant drought.  Speaker Atkins has long been a friend to agriculture and we are appreciative she would take time to stop and visit us during her trip to Fresno.  Speaker Atkins has previously toured the valley visiting an almond huller, cotton gin and operating a cotton picker.  The Speaker will be termed out next year and is considering continuing her work in the State Senate.  She currently represents the La Jolla, Pacific Beach, Mission Bay, Old Town, downtown, Coronado Island and Imperial Beach areas of San Diego.

By Carl Larson

Who qualifies for Paid Sick Leave (“PSL”)?
Employees who work 30 or more days for the same employer providing the leave qualify.
This includes part-time, seasonal, and full-time employees.
Who is excluded from the PSL law’s requirements?
(1) Employers who already provide paid time off (“PTO”) or PSL plans which provide for accrual of sick leave on a regular basis, so long as:
· at least 24 hours of paid time off are accrued by the 120th calendar day of employment, calendar year, or 12-month period; and
· leave carries over at least “3 days or 24 hours” of sick leave from year to year; and
· the leave is permitted to be used for the same purposes allowed in the PSL law.
(2) Employers who provided a PTO or PSL plan to a class of employees before January 1, 2015 that provided leave accrual on a regular basis so long as:
· no less than one day or eight hours of sick leave accrued within three months of
employment each calendar year or 12-month period; and
· employees were eligible to earn at least 3 days of sick leave or paid time off within nine months of employment.
(3) Employers already covered by a collective bargaining agreement that meet certain requirements.
(4) In-home support services employees.
(5) Airline flight deck or cabin crew employees who are already provided with compensated time off equal to or exceeding the requirements of the PSL law.
(6) Public employees who receive a retirement allowance.
Does the PSL Law apply to employees who work in California but are employed by an out-of-state employer?
Yes. All employees who work at least 30 days in California for the same employer are covered regardless of where the employer is based.
How much leave are employers required to provide?
The PSL law generally requires employers to grant employees at least “24 hours or 3 days of leave.” Please note that although the law as written requires 24 hours or 3 days of PSL, this requirement is based on a standard 8-hour day/40-hour week schedule. The legislature did not consider harvesters and other agricultural workers who work a varying schedule that often requires at least 10-hour days. Although the terms “days” and “hours” are not well defined under the new PSL regulations, the safest, most conservative approach in light of the purpose of the statute is to provide 30 hours of PSL for agricultural workers who work a 10-hour day schedule.
What are the use requirements?
Frontloading
· Employers must provide at least “24 hours or 3 days”* of leave at the beginning of each year of employment, calendar year, or 12-month period.
· Leave is not required to be carried over.
· Pro-rating the amount of leave is not permitted.
· Can an employer using the frontloading method pro-rate because of the July 1 start date?
o No. Pro-rating of leave is not permitted by the statute. However, an employer can choose whether to provide the frontloading in each year of employment, calendar year, or other 12-month basis.
Accrual
· Employers may allow leave to be accrued on another basis, so long as it is accrued at regular intervals, and will result in at least 24 hours or 3 days* of sick leave available bythe 120th calendar day of employment.
· Employees accrue leave on the later of July 1, 2015 or their date of hire.
· Leave must be carried over from year-to-year up to a maximum of “48 hours or 6 days.”*
* In accordance with the interpretation of “3 days or 24 hours” agricultural employees who regularly work 10 hour shifts should be allowed to carry over up to 60 hours.
Can an employer use one method for seasonal workers and another for year-round and another for other classes of employees?
Yes. The law permits employers to use one method for one class of employees, and a different method for another class of employees so long as all methods are compliant.
When does accrual under the new law begin?
Accrual begins the later of July 1, 2015 or date of hire for employees who have worked in California for the same employer for more than 30 days in a year.
When can the sick leave be used?
Employees can use sick leave after 90 days of employment.
For what purposes can leave be used?
Employees may take leave for treatment, diagnosis, or preventative care of self, parents, children, spouse, registered domestic partner, grandparents, grandchildren, or siblings.
Employees may also take leave to obtain services or take other steps in dealing with domestic violence, stalking, or sexual assault.
Can an employer limit the amount of sick leave employees can take each year?
Yes. The use of sick leave may be limited to “3 days or 24 hours” of leave each year. Again, the meaning of 3 days in this context is not clear. In the case of agricultural employees regularly working 10 hours shifts, a conservative approach would raise the limit on use to up to 30 hours each year. An employer may also set a minimum increment of two hours for the use of leave.
Is an employer required to “cash out” unused sick leave?
No. The statute does not require an employer to cash out unused sick leave ever. However, unused sick leave is subject to the reinstatement provisions below.
If an employee is rehired within 1 year of termination, is the employer required to reinstate unused sick leave?
Yes. If an employer rehires an employee within 1 year of separation from employment, any unused sick leave accrued by the employee previously must be reinstated.
What are the record-keeping requirements?
The PSL law requires that employers keep records of paid sick leave accrual and use for three years.
How does this affect wage statements?
Employers must provide a written notice that sets forth the amount of PSL available on employee wage statements or a separate writing provided with the statement.
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Counsel to Management:
This guide generally addresses compliance with the paid sick leave law in general and the options facing employers. Deciding which of these options best fits your needs, provides a strategic advantage, or how the options apply to your unique situation requires a more in-depth analysis. If you have questions about the paid sick leave law as it applies to your business please contact the Saqui Law Group.