The Fresno County Board of Supervisors has appointed the Association’s Director of Technical Services Christopher McGlothlin to a three year term on the San Joaquin Valley Air Pollution Control District’s Citizens Advisory Committee (CAC). McGlothlin will serve as the position as the “Industry Alternate” for Fresno County. The CAC consists of 24 primary and 24 alternate members. There is one unpaid representative each for the Industry/Ag, Environmental and City interest groups in Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus and Tulare counties. The CAC meets monthly and for the purpose of facilitating public input relating to the actions and decisions of the District. This includes providing input on proposed District rules and regulations, District funding sources, study special subjects at the request of the Governing Board and provide recommendations or input on those subjects. This is another shining example of the Association’s level of involvement on critical regulatory and legislative issues affecting our industry!
NEWS & ISSUES
AMENDMENTS TO SICK LEAVE LAW CURE SOME ILLS, NOT OTHERS
Written by: Carl Larson
Category: General Legal Updates
The long-awaited amendments to the paid sick leave (“PSL”) law have arrived. They make a good number of clarifications, change calculations of sick pay, provide a grandfather clause for pre-existing PTO plans, and lays out how it affects certain state employees. Although the amendments still do not explain how the “24 hours or 3 days of sick leave” translates for employees working 10 hour regular shifts, it is a welcome change from the previous version of the law.
A breakdown of the changes is as follows:
Qualification
Threshold qualification for leave is now employment in California for the same employer for 30 or more days within a year from the commencement of employment.
Broadens the construction exclusion to include construction work not performed onsite.
Excludes retired annuitants of public entities from the PSL law.
Accrual Basis
Allows for accrual on any period basis so long as it is a regular basis and will result in at least 24 hours or 3 days of sick leave available by the 120th calendar day of employment.
No longer limited to using basis of 1 PSL hour accrued for every 30 hours worked.
Can be by pay period or other regularly occurring period of time.
Frontload
Frontloaded sick days are allowed to be provided for each year of employment, calendar year, or 12 month period.
Use of Sick Leave
Allows employers to limit the use of sick leave to 3 days or 24 hours in each year of employment,calendar year, or a 12 month period.
Payment of Sick Leave
Allows three methods of calculating how sick leave is paid and clarifies the formulas regardless of whether the employee has different hourly rates, or is paid by commission or piece rate.
For non-exempt employees:
Method 1: PSL pay is calculated based on regular rate of pay during the workweek in which the employee uses paid sick time whether or not the employee actually works overtime in that workweek.
Method 2: PSL pay is calculated by dividing the employee’s total wages, not including overtime, by the total number of hours worked in the full pay periods of the prior 90 days of employment.
For exempt employees:
Method 3: Paid sick time is calculated in the same manner as the employer calculates wages for other forms of paid leave time.
Employee Reinstatement
Makes clear that an employer who rehires an employee within 12 months of separation is not required to reinstate any paid time off that was cashed out.
Tracking of Sick Leave
Allows employers with unlimited leave policies to indicate “unlimited” on the wage statement.
Makes clear the employer has no obligation to inquire into purposes of sick leave.
PTO Compliance Method
Employers who provide a paid time off (“PTO”) or other paid leave policy (not limited to sick leave) that provides an amount of leave that can be used for the same purposes under the same conditions, do not need to provide additional sick days under the PSL law if:
It satisfies the accrual, carry over, and use requirements of the PSL law listed above.
OR
It satisfies the new grandfather clause:
An employer provided paid sick leave before January 1, 2015 pursuant to a sick leave or PTO policy on any regular accrual basis that resulted in at least 1 day or 8 hours of leave within the first three months of employment of each calendar year or 12 month period and the employee was eligible to earn at least 3 days or 24 hours within 9 months of employment. If the plan is modified from the one in place Jan 1, 2015, then it must comply with the new PSL law requirements.
State Employees
For state employees, leave provided pursuant to specified sections of the government code covering leave or as part of a memorandum of understanding will satisfy the requirements of the paid sick leave law.
Notice Requirements
Delays the notice of PSL rights requirement for employers covered under wage order 11 and 12 to Jan 21, 2016.
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Counsel to Management:
The new amendments provide a great deal more flexibility in crafting a PSL plan that complies with the law. It will also ease some of the administrative burden of implementing these policies. Check with the experts at the Saqui Law Group to be certain your existing policy complies, and is still meeting your needs.
Regional Whitefly Meetings, July 16th & 17th
University of California’s Cooperative Extension and the California Cotton Ginners and Growers Associations have partnered to host four regional whitefly/Sticky Cotton meetings within the Central Valley. Discussions by Dr. Peter Goodell, Dr. Larry Godfrey and Dr. Bob Hutmacher will include information regarding sugar deposits on cotton lint and the following damage/loss to production, monitoring and management assessment of aphid and whiteflies, review of Best Management Practices including insecticide selection and the managing late season cotton. In addition County Ag Commissioners will discuss the current status of new Chlorpyrifos regulations, a critical product in whitefly and aphid pest control. PCA units have been requested and are pending. Meeting locations & times are Thursday, July 16th 9-11 a.m. at San Joaquin Valley Quality Cotton Growers Association office in Shafter and 12-3 PM at County Line Gin in Hanford, along with Friday, July 17th 10 a.m.-12 p.m. at Westside Farmers Co-Op Gin in Tranquillity and 3-5 p.m. at West Side REC in Five Points. Contact Shana Colby to RSVP at (559)252-0684 or email shana@ccgga.org.
Air Resources Board Looking to Require LSI Equipment Reports
Large Spark Ignition (LSI) equipment registration is being revisited by the Air Resource Board. ARB held a workshop at the San Joaquin Valley Air Pollution Control District to present proposed regulations regarding forklifts and other LSI equipment. The main focus of the proposed regulation is focused on the governor’s order to reduce fuel usage by 40% by 2030, as well as Cal EPA’s new air standard of .065 ppm. The plan includes the promotion of electric forklifts and other non-fossil equipment to help attain the EPA standard. A major component of the proposed regulation is to include mandatory LSI equipment registration, which would include the total number of hours of use during the year. With that information, ARB would be able to calculate the amount of emissions that are being given off by conventional gasoline/diesel powered equipment. To report the hours of use, ARB hopes that it can be set up on the same reporting system as the Diesel Off-road On-line Reporting System (DOORS) that is required for all diesel trucks. The details of the proposed regulations are still being developed and there is still time to find exemptions that Ag will be able to take advantage of. We will keep you updated when more information becomes available.
Chlorpyrifos: A Restricted Material Starting July 1st
Chlorpyrifos will be labeled effective July 1, 2015 as a restricted material in California when it is an ingredient in pesticides for use in the production of an agricultural commodity. Applicators will need to obtain a restricted materials permit from their County Agriculture Commissioner if they wish to purchase, possess or apply affected chlorpyrifos products. Department of Pesticide Regulations is currently developing interim permit condition recommendations, this will be additional mitigation to the instructions users of restricted materials must follow. The interim permit conditions may include buffer zones near sensitive sites, GMP (good management practices) to prevent drift or offsite movement into the air and measures to reduce runoff into surface waters. County Agriculture Commissioners will be notified by the DPR next month with a letter of the recommended interim conditions. DPR published a list of products indicating 31 pesticides that would be affected by the new regulation.
Association Participates in BDCP Meeting
This past week, the Association participated in a meeting on the Bay Delta Conservation Plan (BDCP) with Karla Nemeth, Deputy Secretary for Water Policy at the California Natural Resources Agency. The conversation focused on the recent changes announced by the administration, which now includes a plan to accelerate long-stalled Delta environmental projects, including critical habitat, wetlands and floodplain restoration, while fixing California’s aging water infrastructure system. Included is focused project to conduct more than 30,000 acres of delta habitat restoration and protection on managed wetlands, floodplain and tidal and sub-tidal habitat, as well as aquatic, riparian and upland habitat projects. The other update to the plan centered on two (2) 40 foot diameter tunnels to deliver 9,000 cubic feet per second of water through the delta, and providing levee protection. Furthermore, the project would reinstate a more natural direction of river flows in the South Delta, and includes new criteria to protect spring outflow in the Bay, and to protect Sacramento River flows and fish. Critical pieces include new state of the art fish screens, relocated and redesigned intake facilities. Concerns expressed at the meeting included cost of the system to growers, actual water provided, and potential benefits of the system including lowered salinity levels of water delivered to farmers. The Association was represented by President/CEO Roger Isom and Director of Regulatory Affairs Jodi Raley.
Deputy Secretary Karla Nemeth listens to concerns from Ag on BDCP
Accepting AB 60 Licenses for Form I-9 Purposes
By: Susannah L. Ashton
The Federal Immigration Nationality Act and Form I-9 Requirements
The Immigration Nationality Act (INA) makes it illegal for employers to knowingly hire persons who are not legally present in the United States. Employers who do so are subject to fines and possible imprisonment.
In order to ensure that all employees are legally present in the United States, and thus eligible for employment, they are required to submit a Form I-9 to verify their identity and authorization for employment. When submitting such form, employees are required to provide either one document from List A (e.g., passport) or 2 documents: a List B verifying identity (e.g., driver’s license) and a List C verifying employment eligibility (e.g., social security card). If an employee is unable to provide both a List B and a List C document, he or she is not considered eligible to work in the United States.
California AB 60 Licenses
On January 1, 2015, the California Department of Motor Vehicles began issuing a new type of driver’s license to applicants who cannot submit satisfactory proof of legal presence in the United States, but who otherwise meet all qualifications for the issuance of a driver’s license. Such a license, termed an “AB 60” driver’s license contains a mark stating “Not for Federal Identification.” This designation means that an AB 60 License is not compliant with the REAL ID Act in some way. However, the REAL ID Act states that this designation should not raise inferences or assumptions regarding an individual’s citizenship or immigration status, and further, State law precludes discrimination against a person holding an AB 60 License.
United States Guidance on AB 60 Licenses as Acceptable List B Documents
On May 19, 2015, the United States Citizenship and Immigration Services (USCIS) recently issued guidance on the applicability of AB 60 Licenses for Form I-9 purposes. On June 4, 2015, various grower associations and legal representatives in the field, along with The Saqui Law Group, issued an Industry Announcement providing guidance to employers in handling AB 60 Licenses.
Q: Is a state-issued license with the notation “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES,” such as the AB 60 License, an acceptable Form I-9 List B document?
A: An AB 60 Driver’s License with the words “FEDERAL LIMITS APPLY” or “NOT ACCEPTABLE FOR OFFICIAL FEDERAL PURPOSES” is an acceptable List B document for identification purposes if:
• It contains a photograph or other identifying information such as name, DOB, sex, height,
color of eyes, address
and
• Employers must also examine a List C document establishing employment authorization.
Q: What is a “knowing hire” violation?
A: An employer who has knowingly hired unauthorized workers is subject to monetary penalties of up to $16,000 per violation.
A “knowing hire” violation can be based on actual or constructive knowledge of an employee’s unauthorized status. Constructive notice means that an individual knew, or should have known, of a specific fact.
Q: Does acceptance of an AB 60 License constitute a “knowing hire violation”?
A: Acceptance of an AB 60 License does not, in and of itself, support a conclusion that an employer had knowledge of an employee’s unauthorized status.
Whether an employer is considered to have actual or constructive knowledge that an employee lacks employment authorization is determined on a case-by-case basis and depends upon all of the facts and variables specific to the individual case.
The omission from the USCIS’ guidance of any statement that an employer must take any affirmative steps other than accept such a license as a List B identity document in the Form I-9 process indicates the federal government does not expect an employer to inquire into why an employee claiming employment eligibility has such a license.
However, inquiry notice arises when an employer would have obtained actual knowledge had he or she taken reasonable steps to resolve any apparent discrepancy between an employee’s List B identity document and List C employment authorization document.
Q: Can an employer refuse to accept an AB 60 License or ask for a different form of documentation?
A: No. Employers must accept an AB 60 License since it satisfies Form I-9 requirements. Only documents that do not appear to be genuine or relate to the specific employee may be rejected. Failure to accept an AB 60 License may constitute illegal discrimination under the INA.
Q: If an existing employee presents an AB 60 License that bears identifying information that is different than what currently appears on their Form I-9, must an employer alter the information on Form I-9 to comport with the information on the AB 60 License?
A: While such a request may seem innocuous, it actually does three things: (1) puts the employer on notice that the current Form I-9 information was falsely given; (2) imports actual knowledge to the employer that the AB 60 License was obtained because of the employee’s “illegal” status, thus removing all grey areas; and (3) requires the employer violate federal law.
Unfortunately, the USCIS did not provided guidance on this matter. Thus, if this event arises, employers should primarily agree to change any necessary information as long as the employee can provide the requisite secondary forms of documentation required by Form I-9. However, it is likely that this scenario removes the grey areas and puts the employer on constructive notice that the employee is not legally authorized to work in the US. The employer thus risks violating federal law by continuing to employ such person.
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Counsel to Management:
In light of USCIS’s guidance and Industry Announcement, if an employer is given an AB 60 License as a List B document, they should comply with the following:
• Employers must accept AB 60 Licenses as List B documents.
• Employers should not accept photocopies or duplicates for Form I-9 purposes, but only original documents.
• Employers must also examine a List C document establishing employment authorization.
• If an employer has any reason to doubt the veracity of a List B or List C document, that employer
must take reasonable, affirmative steps to resolve any potential discrepancy.
The California Cotton Ginners Association Announces the Election of New Officers
FOR IMMEDIATE RELEASE:
CONTACT:
Roger A. Isom
California Cotton Ginners & Growers Associations
Phone: (559)252-0684
Fax: (559)252-0551
email: roger@ccgga.org
The California Cotton Ginners Association is pleased to announce its new slate of officers. Tom Pires, of West Island Cotton Growers, Inc., was elected as Chairman of the Board. Mike Davis, of Dos Palos Cooperative Gin, Inc., was elected as 1st Vice Chairman. Tom Gaffney, of the J.G. Boswell Company, will serve as 2nd Vice Chairman, and Matt Toste, of Huron Ginning Company, will assume the role of Secretary/Treasurer. Officers terms are for two (2) years.
The Board of Directors currently consists of 13 board members that includes John Colbert, Modern Ginning Company; Stan Creelman, Mid Valley Cotton Growers, Inc.; Michael Hooper, Farmers Cooperative Gin, Inc.; Don Van Schuyver, Semi Tropic Cooperative Gin, Inc.; Wayne Gilbert, Broadview Cooperative Gin, Inc.; Kirk Gilkey, Cross Creek Ginning Company; Ron Nimmo, Pacific Ginning Company, LLC; Louie Colombini, Westside Farmers Co-op Gin; and Immediate Past Chairman Greg Gillard, Olam Cotton.
The California Cotton Ginners and Growers Associations are voluntary dues-based organizations representing cotton growers and cotton gins throughout California on regulatory and legislative issues ranging from energy and air quality to labor and water quality.
Preliminary Pink Bollworm Numbers Are In – Acreages Lower than Expected
The preliminary acreages as determined by the California Department of Food and Agriculture’s Pink Bollworm Program are in and slightly lower than predicted back in March. The current estimate is now at a total of 160,000 acres statewide with 153,410 acres in the San Joaquin Valley, 4,755 acres in Southern California and an estimated 2,819 acres in the Sacramento Valley. The breakdown in the San Joaquin Valley is as follows:
Fresno County – 38,140
Kern County – 20,845
Kings County – 51,385
Madera County – 735
Merced County – 31,955
Tulare County – 9,900
Total = 160,806
In Southern California, the breakdown is as follows:
Imperial County – 1,262
Riverside County – 3,315
Total = 4,577
In Northern California, acres are estimated to be at 2,819 in total. In terms of variety, the pima vs. upland/acala has yet to be determined. We will notify everyone when that becomes available.
Please be advised that the acres listed are based on Pink Bollworm Program field mapping techniques are intended for use on PBW Program detection and control activities and are not assumed to represent exact cotton acreage planted in California.
2015 Distinguished Service Award
FOR IMMEDIATE RELEASE:
CONTACT:
Roger A. Isom
California Cotton Ginners & Growers Associations
Phone: (559)252-0684
Fax: (559)252-0551
email: roger@ccgga.org
The California Cotton Ginners Association is pleased to announce that Jesse Currlee of Supima has been named as the recipient of the 2015 Distinguished Service Award.
The award is given each year to honor and recognize an individual outside the Ginners Association that have made significant contributions to the Ginners Association and/or the cotton ginning industry. This year’s recipient is a graduate of Texas A&M with a degree in marketing. He began his business career in 1968 with Armstrong World Industries in their Lancaster, Pennsylvania corporate headquarters. He later moved to Atlanta, Georgia, where he was responsible for the company’s industrial sales to the textile industry in Georgia, South Carolina and Florida. In 1973, he joined the U.S. textile industry as Executive Secretary of the Georgia Textile Manufacturers Association and its affiliate organization, The Textile Education Foundation, in Atlanta. In 1979, he was named General Manager of Supima in Phoenix, Arizona, and in 1981 he was named President of the organization. He is a former trustee and past Chairman of the Texas A&M Foundation. He also served as a director of the 12th Man Foundation at Texas A&M and is a member of the President’s Council of Advisors. In 1993, he served as President of the Former Students Association of Texas A&M University, and is currently a member of the Phoenix Rotary Club; Phoenix Committee on Foreign Relations; Advisory Director of the Arizona Cotton Growers Association; and an advisor to the Executive Committee of Cotton Council International headquartered in Washington, D.C.
Jesse fostered the introduction of Supima to the fashion industry in a major way with the start of its now recognized and respected annual runway fashion show during the September fashion week in New York City. That show has now been invited to Paris this year for a special showing at the US Ambassador’s residence later this year. Under Curlee’ s leadership, Supima began a licensing program for customers wanting to use the Supima name. That program has grown today to over three hundred licensees worldwide and the income from that program has helped Supima survive without increasing grower dues since its beginning. Supima now licenses the name and trademark worldwide to textile/apparel manufacturers, brands and retailers with 370 licensees in 32 countries. Under Curlee’s leadership, the Supima name has grown to worldwide recognition as the finest cotton fiber in the world. No better proof of that fact can be made of this fact than is witnessed by the demand of many of the world’s top designers and brand name retailers in their growing use and loyalty to the Supima name! He has held a long and distinguished career, and there is absolutely no doubt the pima industry would not be what it is today without the leadership of Jesse Curlee.
The California Cotton Ginners and Growers Associations are voluntary dues-based organizations representing cotton growers and cotton gins throughout California on regulatory and legislative issues ranging from energy and air quality to labor and water quality.