FELS Newsletter, September 2025
FELS Newsletter: September 2025
Another Step Closer to Autonomous Ag Equipment?
The Cal/OSHA Standards Board’s Autonomous Agricultural Tractor Advisory Committee met in Salinas on Aug. 6 and 7. The Standards Board voted to empanel this committee of employer, manufacturer, academic and labor stakeholders at its meeting in December 2024, after failed attempts to amend outdated Cal/OSHA standards inhibiting the adoption of autonomous agricultural equipment. The Aug. […]
Federal Court Vacates AEWR Methodology Rule
On Aug. 25, the U.S. District Court for the Western District of Louisiana vacated the U.S. Department of Labor’s 2023 Adverse Effect Wage Rate Methodology rule, restoring some stability to the process of determining minimum wage standards for employers of agricultural employees under the H-2A temporary agricultural worker visa program. The rule, published on Feb. […]
CA Supreme Court: Employer was Liable for Minimum Wage Liquidated Damages Despite Ignorance of the Law
Cliches typically contain a grain of truth, and that’s true of the old chestnut, “ignorance of the law is no excuse for lawbreaking.” Now the California Supreme Court has elevated the cliche to legal precedent. In Illoff v. LaPaille, the court clarified that to claim a “good faith” defense to liquidated damages in a minimum […]
USDA Discontinues Survey Used for H-2A Wage Standard
The U.S. Department of Agriculture recently announced the discontinuation of its Farm Labor Survey (FLS). The FLS has long been used by the U.S. Department of Labor to issue Adverse Effect Wage Rate standards for employers that participate in the H-2A temporary agricultural worker visa program in large states like California and Florida and multi-state […]
H-2A Wage Rules Change (Again): A Win for Growers, But Your Documentation Game Still Matters
H-2A wages just shifted again… it’s a welcome relief, but not a free pass. This quick article from our member benefit partner, FieldClock, breaks down the change in plain English and gives a practical, audit-ready checklist to capture hours, tasks, breaks, and piece counts. Share with your crew and stay one step ahead of DOL! […]
Green Cards with Expiration Date?
FELS has recently received questions concerning Permanent Resident alien cards (also known as green cards) that lack an expiration date. Green cards issued without an expiration date are generally still valid, particularly those issued between 1977 and 1989. These older cards, designated I-551, generally do not require renewal. As they indicate an underlying immigration status […]
Social Security Number/Name Mismatch Update
FELS has learned from members that some employers are sporadically receiving notification from either the Social Security Administration (SSA) or the Internal Revenue Service (IRS) that name and Social Security number combinations submitted for payroll tax purposes do not match information in SSA databases. Rumors abound that the federal Social Security Administration (SSA) may resume […]
FELS Member-Exclusive Arbitration Agreement, Wildfire Smoke Resources Available
FELS has added a new member-exclusive resource to FELS’ website. Our model Arbitration Agreement can be incorporated into employees’ hiring paperwork when completing onboarding like Forms W-4 and I-9. You can access this and other FELS member-exclusive resources at FELS Resources: HR Compliance. Recent California wildfires have scorched thousands of acres, causing smoke to overspread […]
Workplace Fraternization Policies: Four “Whos” and a “Why”
No-fraternization policies generally prohibit employees with certain family or personal relationships from being in a direct or indirect reporting relationship. Let’s say Mel is VP of Sales. His significant other, Melanie, is one of three sales managers, all reporting to Mel. Any issues here? Do I even have to ask? And that’s why employers have […]
