FELS Newsletter, October/November 2025
FELS Newsletter: October/November 2025
DOL Issues Rule for New Farm Wage Standard
The U.S. Department of Labor (DOL) has issued an interim final rule (IFR) implementing a new wage standard for the H-2A temporary non-immigrant agricultural worker visa program, adopting the Bureau of Labor Statistics Occupational Employment and Wage Statistics (OEWS) survey for non-open range livestock production H-2A job opportunities. DOL’s action follows a decision by the […]
Federal Court Enjoins Union Meetings Bill
By its Sept. 30 Order, the Sacramento-based U.S. District Court for the Eastern District of California has enjoined enforcement of SB 399 (Wahab, D-Hayward), 2024 legislation restraining employers’ ability to meet with their employees to explain an employer’s opposition to unionization or an ongoing union campaign (see Governor Acts on Ag Employment-Related Bills, FELS website, Oct. 17, […]
One Big Beautiful Bill Act and Farm Labor: No Federal Tax Break for Agricultural Overtime
On July 4, Congress enacted the One Big Beautiful Bill Act (Public Law 119-21), marking a sweeping effort to provide new tax relief to working Americans and seniors. The legislation introduces a suite of deductions that aim to reduce the federal tax burden on everyday wage earners and older Americans. Among its headline provisions are […]
Cal/OSHA Releases “DART” Rates, 2025-2026 “High Hazard Industry” List
DART (Days Away, Restricted or Transferred) rates are a yardstick used by Cal/OSHA to measure the accident and workplace injury experience of various workplace activities by standardized industry codes. Generally, DART rates are based on the number of incidents, accidents, or illnesses resulting in days when employees cannot work, are subject to work restrictions, or […]
Under the Capitol Dome
Gov. Gavin Newsom signs and vetoes bills of interest to California ag employers Gov. Newsom signed AB 1362 (Kalra) on Oct. 1. The bill imposes on California-licensed farm labor contractors using the H-2A temporary agricultural worker visa program a requirement to also register with the Labor Commissioner as a foreign labor contractor, despite the near-identical […]
Cal/OSHA Advisory Committee Reviews Draft Workplace Violence Prevention Standard
Cal/OSHA was directed by the Legislature to propose “additional requirements the Division deems necessary” to supplement the Workplace Violence Prevention Plan mandated by SB 553 (Cortese, D-San Jose, 2024) by Dec. 31, though it seems unlikely the agency will meet that deadline. Many of the proposed additional requirements were items negotiated out of SB 553 […]
CDPH Calls on Dairy Operators to Offer On-Site Flu Vaccine Clinics
In a letter to diary operators, Kristin J. Cummings, MD, Chief of the Occupational Health Branch, the California Department of Public Health (CDPH) called on owners and operators of California dairies to offer on-site flu vaccine clinics for employees working with dairy cows. CDPH cites potential benefits of less absenteeism, with less accompanying loss of […]
Federal Motor Carrier Safety Administration Plans to Revoke 17,000 Non-Domiciled CA CDLs
On Nov. 12, Transportation Secretary Sean Duffy announced that the Federal Motor Carrier Safety Administration (FMCSA) would be removing 17,000 non-domiciled California Commercial Driver’s Licenses (CDLs) over concerns they were issued illegally. The Department of Transportation and FMCSA have been auditing state CDLs over potential violations of renewed English Language Proficiency (ELP) standards, an issue […]
Standards Board Creates an Advisory Committee on Avian Flu, Dairy Workers
On Sept. 18, the Cal/OSHA Standards Board voted to empanel an advisory committee to consider and report to the Board recommendations to revise the Zoonotic Aerosol Transmissible Disease standard (ATD), adopting a decision proposed by Board staff. The Standards Board’s directive specified the scope of the advisory committee’s charge to include whether ATD provisions applicable […]
