The USDA Natural Resources Conservation Service (NRCS) in California will assist farmers to chip woody debris in fallowed orchards and vineyards impacted by California’s ongoing drought. The conservation benefits associated with this practice include controlling erosion and protecting air quality. “NRCS is committed to helping farmers and ranchers manage the impacts of California’s drought,” said Carlos Suarez, NRCS California state conservationist. “This initiative builds upon the $25 million we have already invested this fiscal year to apply on-farm water conservation measures across the state.” The California Air Quality Chipping Initiative, through NRCS’s Environmental Quality Incentives Program (EQIP), will assist agricultural producers in chipping woody debris from removed orchards or vineyards that are no longer being irrigated due to the extreme drought conditions. These crops are located in areas where surface water deliveries are severely curtailed or suspended and no other sources of water are available for continued irrigation. Applying the chipped debris to the fallowed orchard or vineyard land stabilizes the surface area to limit fugitive dust emissions due to wind erosion and helps improve soil health by increasing soil carbon, organic matter and water retention. The wood chips may also be hauled away to a nearby composting facility or to a biomass-fueled power plant where the chips are consumed as renewable fuel for producing electricity. Farmers in Fresno, Kings, Kern, Madera, Merced, San Joaquin, Stanislaus and Tulare counties have until June 20, 2014, to apply. For additional information, eligible farmers are encouraged to contact their local NRCS Service Center. Service center locations can be found at www.ca.nrcs.usda.gov.
NEWS & ISSUES
ON-DUTY MEAL PERIODS: WHAT EMPLOYERS SHOULD KNOW
The foreman starts his workday at least 1 hour before (5:30 a.m.) the general laborers (6:30 a.m.) because he has to transport people.
He then takes his lunch with the general laborers (11:00 a.m.) and is not allowed to leave. Is this legal?
No. Generally, California law provides that every employer shall authorize and permit all employees to take a thirty (30)-minute meal period after no more than five (5) hours of work.
If the employee is not relieved of all duties during the thirty (30)-minute meal period, the meal period shall be considered an “on duty” meal period and counted as time worked.
The “on-duty”meal period is permissible only when (1) the nature of the work prevents the employee from being relieved of all duty; (2) the employee and the employer agree in writing to an on-the-job meal period; (3) the written agreement states that the employee may revoke in writing at any time; and (4) the employee is paid for the meal period.
Moreover, the employee must still be provided with the opportunity to eat the meal. The parties may not agree to on-duty meal period because it is desired or helpful.
In the example above, the employer is in violation of the law for several reasons. First, if the foreman starts work at 5:30 a.m., he must be provided with a meal period no later than 10:30 a.m. Second, the foreman is not relieved of all his duties because he is not allowed to leave the employer’s premises. Therefore, his meal period is considered an “on-duty” meal period. The employer may lawfully provide an “on-duty” meal period if it can satisfy “the nature of the work” exception along with the other requirements.
California courts have not defined what constitutes “the nature of the work” exception. However, the Department of Labor Standards Enforcement (“DLSE”) issued several opinion letters addressing when the exception may apply. (Note: DLSE opinion letters are not binding on California courts, but may serve as persuasive material).
DLSE letters make clear that the showing necessary to establish “the nature of the work” exception is high. Whether the exception applies must be made on a case by case and day by day basis.DLSE provides a list of non-exhaustive factors that should be considered in deciding whether the exception applies:
- The type of work;
- The availability of other employees to provide relief during the meal period;
- The potential consequences to the employer if the employee is relieved of all duty;
- The ability of the employer to anticipate and mitigate these consequences such as by scheduling the work in a manner to allow the employee to take an off-duty meal period;
- Whether the work product or process will be destroyed or damaged by relieving the employee of all duty.
According to DLSE, some examples that fit this exception are a sole worker in an all-night convenience store, a sole security guard stationed in a remote location or a position requiring continuous operation of machinery, which requires monitoring. However, DLSE declined to apply the “nature of work” exception to late-night shift managers at fast-food restaurants because other employees are on duty and could cover for the manager with no economic hardship for the employer.
In the above example, the foreman is not allowed to leave the employer’s premises presumably because he is needed to supervise or to address any issues. Nonetheless, the foreman will not meet the “nature of the work” exception because other crew members are present at the same time and can be trained to provide the necessary relief. It is also unlikely that the employer will suffer any economic harm if the foreman takes an off-duty meal period. Therefore, the employer above is in violation of the law because the foreman does not meet “the nature of the work” exception.
Counsel to Management: DLSE sets an impossible standard for “the nature of the work” exception. Most of the employees will be unable to meet the exception. Therefore, if possible, the employers should not provide “on-duty” meal periods. If you have any questions regarding on-duty meal periods, please contact The Saqui Law Group.
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Did you know? |
| It is illegal for an employer to fire or discriminate against anyone who complains about a violation of the wage and hour laws or reports a violation to the Labor Commissioner.Source: www.las-elc.org |
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Contact Info |
| 1420 Rocky Ridge Dr. #260 Roseville, CA 95661 Tel: (916) 782-8555 Fax: (916) 782-8565 |
Upcoming Regional Whitefly Meetings!
The California Cotton Ginners and Growers Associations are gearing up for the upcoming growing season and will be holding three Regional Whitefly Meetings. The meetings will address pest management strategies to avoid sticky cotton and provide real time updates in your growing area. The meetings will be led by UC IPM advisor Pete Goodell and UC Extension Entomologist Larry Godfrey. The meetings will start at 10:00 AM and conclude around 12:00 PM. Lunch will be provided following the meeting. The following are dates and locations where the meetings will be held:
- June 10th : Tulare County Co-Op Extension
- June 11th : The Shafter Research Station
- June 12th : West Side Research/Extension
It is imperative for cotton growers, PCAs and other affected parties to join the associations at these important meetings to help maintain our reputation as the highest quality cotton in the world! We must act now and act together to prevent sticky cotton! We hope to see you there!
Please address questions and RSVPs to Shana at 559-252-0684 or at shana@ccgga.org.
CA Cotton Growers Association Announces Steve Wilbur as Chairman of the Board of Directors
California Cotton Growers Association Announces Steve Wilbur as Chairman of the Board of Directors
The California Cotton Growers Association is pleased to announce Steve Wilbur as the new Chairman for the California Cotton Growers Association. Steve is a partner of SBS AG and has farmed for over 40 years. He oversees the production and operation of alfalfa, black-eye beans, corn, cotton, pistachios and wheat, as well as a dairy operation.
Steve is actively involved in community and agriculture service and holds positions with the following organizations:
Mid-Valley Cotton Growers, Inc., Board President
International Agri-Center, Board President
California Cotton Growers Association, Board Chairman
California Cotton Alliance, Board Member
Cotton Incorporated, Alternate Board Member
Tulare First Baptist Church, Past Board Member
He is a life-long resident of Tulare, California and a graduate of the College of the Sequoias, Visalia, California. Steve enjoys traveling and spending time with his wife Roni; their children and grandchildren.
Steve Wilbur succeeds outgoing Chairman Cannon Michael. In addition to Wilbur being elected Chairman, the
following officers were also elected:
1st Vice Chairman – Phil Hansen, Kings County
2nd Vice Chairman – Bryan Bone, Kern County
Secretary/ Treasurer – Gary Martin, Fresno County
The California Cotton Growers Association is a voluntary dues based agricultural trade organization based in Fresno representing cotton growers in California on regulatory and legislative issues. Cotton is grown in the Imperial, Palo Verde, San Joaquin and Sacramento Valleys of California.
Highlights from the 2014 CCGA Annual Meeting!
The 24th Annual meeting for the California Cotton Growers Association held at Harris Ranch on March 13th, 2014 was one for the record books! The Growers Association estimated over 170 people in attendance and filled the room from end to end. The high turnout was in large part due to the perfectly timed cast of guest speakers as a myriad of recent California water woes in the news have brought several California water agencies into the spotlight.
The cast of speakers on water quality and water quantity included Felicia Marcus, Chair, State Water Resources Control Board; Gary Bardini, Deputy Director, Department of Water Resources; Pablo Aroyave, Reg. Deputy Director – Mid Pacific Region, USBR. Each speaker addressed the current issues at their respective agencies and fielded questions from concerned attendees.
Marcus, chair of the SWRCB, noted her agency’s action in doing all they can to ease burdensome regulations and continue to try to move water but admitted that certain conditions including limiting the salinity in the delta for “health and safety” concerns would not be trumped, to which Aroyave echoed. In addition, Marcus touched on groundwater challenges and prioritized clean drinking water as the heart of the issue.
Both the State and Federal Directors focused on current and historical hydrologic conditions and addressed the seriousness of the drought and it’s implications to agriculture, urban, and environmental users.
This year’s annual meeting was an excellent platform for growers to voice their concerns in regards to water quality, water quantity, and the plague of inaction that has prevented any real movement. Equally important was for growers to hear what actions or positions the agencies would take in the coming months.
As always, the California Cotton Growers Association will continue to press upon these agencies the need for urgency and the huge implications their actions or inactions have not just toward California cotton growers but the whole agricultural industry, consumers, and other related businesses!
Truck Rule Advisory
This is a reminder that ARB registered Ag fleets taking advantage of one of the mileage provisions of the rule have until January 31st to update your truck mileage into the ARB system. The only ARB registered trucks that do not have to report mileage are Specialty vehicles which do not have annual mileage limitations.
Also, there are ARB requirements that state that those hiring trucks have a responsibility to hire trucks that are complying with the truck rule. Many of you may need to document that you are hiring compliant trucks or are being asked to prove your trucks are compliant. This can be done using ARB’s online system by printing a certificate of compliance and keeping it on file. When hiring trucks you can ask for their certificate. Many haulers will be taking advantage of the recently added “Good Faith Efforts” proposed by ARB to delay filter requirements. Fleets that wish to take advantage of the delay will need to enter their information into ARB’s system. Those vehicles registered under the “Good Faith Efforts” will also have the ability to provide a printed certificate. If you need assistance or have any questions, please contact our office at (559) 252-0684.
DWR Drops State Water Project Allocation to Zero, Seeks to Preserve Remaining Supplies
A press release sent out today by the Department of Water Resources (DWR) announced more devastating news for water users in California. In response Governor Brown’s Drought Declaration, the DWR and State Water Resource Control Board will take action to conserve currently stored water that remains at critically low levels. The result is a 0% allocation of water for State Water Project (SWP) customers if current weather conditions persist. This comes after their December announcement projecting a 5% allocation. Even long standing water rights customers in the Sacramento Valley will feel the pain with this announcement, with delivery cuts of up to 50%!
Never before has the DWR allocated 0% water for the 29 public water agencies that utilize the SWP. It is estimated that those 29 water agencies supply water to 25 million Californians and roughly 750,000 acres of irrigated farmland! Impacts could be disastrous!
It seems none are exempt from the pain of the drought, including delicate environmental regulations that monitor water quality in the Delta. According to the DWR report, a formal petition has been filed with the SWRCB “to adjust requirements for freshwater outflow in the Sacramento-San Joaquin Delta in order to preserve stored water that may be needed later in the year…”
These announcements came after yesterday’s decision by the Bureau of Reclamation to preserve rescheduled water supplies that CVP farmers had banked as a hedge against dry conditions. Even with this decision, federal CVP users will fallow thousands and thousands of acres of farmland in 2014, sending local economies spiraling and hundreds of families that rely on agriculture work, unemployed.
For more information on this Press Release, water conservation measures, snowpack results and more, click the link to DWR’s website: http://www.water.ca.gov/recent_news.cfm.
Truck Rule Advisory
This is a reminder that ARB registered Ag fleets taking advantage of one of the mileage provisions of the rule have until January 31st to update your truck mileage into the ARB system. The only ARB registered trucks that do not have to report mileage are Specialty vehicles which do not have annual mileage limitations.
Also, there are ARB requirements that state that those hiring trucks have a responsibility to hire trucks that are complying with the truck rule. Many of you may need to document that you are hiring compliant trucks or are being asked to prove your trucks are compliant. This can be done using ARB’s online system by printing a certificate of compliance and keeping it on file. When hiring trucks you can ask for their certificate. Many haulers will be taking advantage of the recently added “Good Faith Efforts” proposed by ARB to delay filter requirements. Fleets that wish to take advantage of the delay will need to enter their information into ARB’s system. Those vehicles registered under the “Good Faith Efforts” will also have the ability to provide a printed certificate. If you need assistance or have any questions, please contact our office at (559) 252-0684.
Governor Brown Declares Drought State of Emergency
Calls for Conservation Statewide, Directs State to Manage Water for Drought
SAN FRANCISCO – With California facing water shortfalls in the driest year in recorded state history, Governor Edmund G. Brown Jr. today proclaimed a State of Emergency and directed state officials to take all necessary actions to prepare for these drought conditions.
“We can’t make it rain, but we can be much better prepared for the terrible consequences that California’s drought now threatens, including dramatically less water for our farms and communities and increased fires in both urban and rural areas,” said Governor Brown. “I’ve declared this emergency and I’m calling all Californians to conserve water in every way possible.”
In the State of Emergency declaration, Governor Brown directed state officials to assist farmers and communities that are economically impacted by dry conditions and to ensure the state can respond if Californians face drinking water shortages. The Governor also directed state agencies to use less water and hire more firefighters and initiated a greatly expanded water conservation public awareness campaign (details at saveourh2o.org).
In addition, the proclamation gives state water officials more flexibility to manage supply throughout California under drought conditions.
State water officials say that California’s river and reservoirs are below their record lows. Manual and electronic readings record the snowpack’s statewide water content at about 20 percent of normal average for this time of year.
The Governor’s drought State of Emergency follows a series of actions the administration has taken to ensure that California is prepared for record dry conditions. In May 2013, Governor Brown issued an Executive Order to direct state water officials to expedite the review and processing of voluntary transfers of water and water rights. In December, the Governor formed a Drought Task Force to review expected water allocations, California’s preparedness for water scarcity and whether conditions merit a drought declaration. Earlier this week, the Governor toured the Central Valley and spoke with growers and others impacted by California’s record dry conditions.
The full text of the emergency proclamation is below:
A PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS the State of California is experiencing record dry conditions, with 2014 projected to become the driest year on record; and
WHEREAS the state’s water supplies have dipped to alarming levels, indicated by: snowpack in California’s mountains is approximately 20 percent of the normal average for this date; California’s largest water reservoirs have very low water levels for this time of year; California’s major river systems, including the Sacramento and San Joaquin rivers, have significantly reduced surface water flows; and groundwater levels throughout the state
have dropped significantly; and
WHEREAS dry conditions and lack of precipitation present urgent problems: drinking water supplies are at risk in many California communities; fewer crops can be cultivated and farmers’ long-term investments are put at risk; low-income communities heavily dependent on agricultural employment will suffer heightened unemployment and economic hardship; animals and plants that rely on California’s rivers, including many species in danger of
extinction, will be threatened; and the risk of wildfires across the state is greatly increased; and
WHEREAS extremely dry conditions have persisted since 2012 and may continue beyond this year and more regularly into the future, based on scientific projections regarding the impact of climate change on California’s snowpack; and
WHEREAS the magnitude of the severe drought conditions presents threats beyond the control of the services, personnel, equipment and facilities of any single local government and require the combined forces of a mutual aid region or regions to combat; and
WHEREAS under the provisions of section 8558(b) of the California Government Code, I find that conditions of extreme peril to the safety of persons and property exist in California due to water shortage and drought conditions with which local authority is unable to cope.
NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the state Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625 of the California Government Code HEREBY PROCLAIM A STATE OF EMERGENCY to exist in the State of California due to current drought conditions.
IT IS HEREBY ORDERED THAT:
1.State agencies, led by the Department of Water Resources, will execute a statewide water conservation campaign to make all Californians aware of the drought and encourage personal actions to reduce water usage. This campaign will be built on the existing Save Our Water campaign (www.saveourh20.org) and will coordinate with local water agencies. This campaign will call on Californians to reduce their water usage by 20 percent.
2.Local urban water suppliers and municipalities are called upon to implement their local water shortage contingency plans immediately in order to avoid or forestall outright restrictions that could become necessary later in the drought season. Local water agencies should also update their legally required urban and agricultural water management plans, which help plan for extended drought conditions. The Department of Water Resources
will make the status of these updates publicly available.
3.State agencies, led by the Department of General Services, will immediately implement water use reduction plans for all state facilities. These plans will include immediate water conservation actions, and a moratorium will be placed on new, non-essential landscaping projects at state facilities and on state highways and roads.
4.The Department of Water Resources and the State Water Resources Control Board (Water Board) will expedite the processing of water transfers, as called for in Executive Order B-21-13. Voluntary water transfers from one water right holder to another enables water to flow where it is needed most.
5.The Water Board will immediately consider petitions requesting consolidation of the places of use of the State Water Project and Federal Central Valley Project, which would streamline water transfers and exchanges between water users within the areas of these two major water projects.
6.The Department of Water Resources and the Water Board will accelerate funding for water supply enhancement projects that can break ground this year and will explore if any existing unspent funds can be repurposed to enable near-term water conservation projects.
7.The Water Board will put water right holders throughout the state on notice that they may be directed to cease or reduce water diversions based on water shortages.
8.The Water Board will consider modifying requirements for reservoir releases or diversion limitations, where existing requirements were established to implement a water quality control plan. These changes would enable water to be conserved upstream later in the year to protect cold water pools for salmon and steelhead, maintain water supply, and improve water quality.
9.The Department of Water Resources and the Water Board will take actions necessary to make water immediately available, and, for purposes of carrying out directives 5 and 8, Water Code section 13247 and Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are suspended on the basis that strict compliance with them will prevent, hinder, or delay the mitigation of the effects of the emergency. Department of Water Resources and the Water Board shall maintain on their websites a list of the activities or approvals for which
these provisions are suspended.
10. The state’s Drinking Water Program will work with local agencies to identify communities that may run out of drinking water, and will provide technical and financial assistance to help these communities address drinking water shortages. It will also identify emergency interconnections that exist among the state’s public water systems that can help these threatened communities.
11.The Department of Water Resources will evaluate changing groundwater levels, land subsidence, and agricultural land fallowing as the drought persists and will provide a public update by April 30 that identifies groundwater basins with water shortages and details gaps in groundwater monitoring.
12.The Department of Water Resources will work with counties to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner and the Office of Emergency Services will work with local authorities to enable early notice of areas experiencing problems with residential groundwater sources.
13.The California Department of Food and Agriculture will launch a one-stop website (www.cdfa.ca.gov/drought) that provides timely updates on the drought and connects farmers to state and federal programs that they can access during the drought.
14.The Department of Fish and Wildlife will evaluate and manage the changing impacts of drought on threatened and endangered species and species of special concern, and develop contingency plans for state Wildlife Areas and Ecological Reserves to manage reduced water resources in the public interest.
15. The Department of Fish and Wildlife will work with the Fish and Game Commission, using the best available science, to determine whether restricting fishing in certain areas will become necessary and prudent as drought conditions persist.
16.The Department of Water Resources will take necessary actions to protect water quality and water supply in the Delta, including installation of temporary barriers or temporary water supply connections as needed, and will coordinate with the Department of Fish and Wildlife to minimize impacts to affected aquatic species.
17.The Department of Water Resources will refine its seasonal climate forecasting and drought prediction by advancing new methodologies piloted in 2013.
18.The California Department of Forestry and Fire Protection will hire additional seasonal firefighters to suppress wildfires and take other needed actions to protect public safety during this time of elevated fire risk.
19.The state’s Drought Task Force will immediately develop a plan that can be executed as needed to provide emergency food supplies, financial assistance, and unemployment services in communities that suffer high levels of unemployment from the drought.
20.The Drought Task Force will monitor drought impacts on a daily basis and will advise me of subsequent actions that should be taken if drought conditions worsen.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 17th day of January, 2014.
______________________________
EDMUND G. BROWN JR.,
Governor of California
ATTEST:
______________________________
DEBRA BOWEN,
Secretary of State
CCGGA Participates In and Supports Huge Water Rally
As part of our efforts on water, the CCGGA participated in and helped sponsor a huge water rally this week at the State Capitol in Sacramento. The Association’s Director of Regulatory Affairs Aimee Brooks led the Association’s efforts in Sacramento where over 1,000 supporters joined with a bipartisan group of legislators calling for the governor to declare a drought emergency, and to encourage passage of the water bond and for more storage. Buses from all over the state descended upon the Capitol where chants rallied for immediate action on water, including supporting the passage of the Water Bond on the 2014 Election Ballot. Supporters then entered the Capitol where they knocked on legislator’s doors pleading them to hear their story and discuss why this issue is so critical to jobs, families, and local economies.
Just one day after the rally, the governor has declared an emergency drought which will provide minimal and temporary relief by loosening restrictions on water transfers among other limited administrative powers the governor can initiate. In addition to these changes, the declaration serves as an important public relations tool to draw the attention of the federal government, who could help with relief efforts.
More updates regarding the implications of the emergency drought declaration will be coming soon!